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Issue: Under Oregon Rules applicable to breach of contract claims
Added on -2019-09-25
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Omar AlhusayniEssay (4)Issue: Under Oregon Rules applicable to breach of contract claims (if they wereenacted in California), Argentina Law should apply to the issue of whether Execbreached the Employment Agreement.Rules: 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 anotherparty, giving effect to justified expectations of the parties concerning which state’slaw applies to the issue and minimizing adverse effects on strong legal policies ofother states.” Or.Rev.STAT.ANN.Section15.360(2013)Application: Here, according to Oregon Rules, when there is no effective choice of lawmade by Mr. Exec and ARGCO, Argentina law should apply, because Argentina
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