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Non-contractual obligation (view source)
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{{a|negotiation|}} | {{a|negotiation|{{image|Contractual Obligation|jpg|Not one of these.}}}}From the “shoot me now” file, the idea of a “[[non-contractual obligation]]” is relevant to: | ||
:(a) the [[terminally pedantic]] and | |||
:(b) those splendid, if [[terminally pedantic]], folk whose handmaiden is the [[Rome II]] convention on [[governing law]]. | |||
“[[Non-contractual obligations]]” includes claims based on [[tort]] (such as [[negligence]]), breach of [[competition law]] and breach of [[statutory duty]] which may nonetheless arise out of a [[contract]] without amounting to a breach of it. | “[[Non-contractual obligations]]” includes claims based on [[tort]] (such as [[negligence]]), breach of [[competition law]] and breach of [[statutory duty]] which may nonetheless arise out of a [[contract]] without amounting to a breach of it. As you can imagine, this happens a lot in the context of financial markets transactions.<ref>It doesn’t.</ref> | ||
There is ''bound'' to be some [[Negotiator|well-meaning member of the bourgeoisie]] who will hold-up the conclusion of your deal because there is no mention of [[non-contractual obligation]]s in the [[governing law]] clause. You are best just to smile your kindest smile and, on the inside, wish a plague upon them and their houses, as you insert the language. Don’t even try adding in a sardonic “[[for the avoidance of doubt]]”, tempting though it may be — it may be justified, but they won’t like it and your best outcome is to be shot of this person and their ghastly document as quickly as you can. | |||
{{ | {{sa}} | ||
*[[Rome II] | *[[Rome II]] | ||
*[[Governing law]] | *[[Governing law]] | ||
*[[Non-exclusive jurisdiction]] | *[[Non-exclusive jurisdiction]] | ||
{{ref}} | |||