California Law Applicability


Added on  2019-09-25

3 Pages768 Words159 Views
Omar AlhusayniEssay (2)Issue: Whether California law should apply to the issue of whether USCObreached the license agreementRules: “Choice of law made by parties: (1) Except as specifically provided by ORS15.320, 15.325, 15.330, 15.335 or 15.355, the contractual rights and duties of theparties are governed by the law or laws that the parties have chosen... (2) Thechoice of law must be express or clearly demonstrated from the terms of thecontract. In a standard-form contract drafted primarily by only one of the parties,any choice of law must be express and conspicuous.”Or.Rev.STAT.ANN.Section15.350(2013) When there is no choice of law has been made by the parties, the rights andduties of the parties with regard to an issue in a contract are governed by the lawthat is the most appropriate for a resolution of that issue. The most appropriatelaw can be 1)the law of the state that has a relevant connection with thetransaction or the parties, such as the place of negotiation, making, performanceor subject matter of the contract, or the domicile, habitual residence or pertinentplace of business of a party, 2)or the law of the state that has the relative strengthand pertinence of these policies in: “(a) Meeting the needs and giving effect to thepolicies of the interstate and international systems; and (b) Facilitating theplanning of transactions, protecting a party from undue imposition by another
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