Frank stuart dethridge memorial address the far from halcyon isle


Hence English rules relating to the conflict of laws must be applied to determine how the bills of lading are affected by the failure to comply with s.3



Download 222.56 Kb.
Page13/16
Date04.04.2021
Size222.56 Kb.
1   ...   8   9   10   11   12   13   14   15   16
Hence English rules relating to the conflict of laws must be applied to determine how the bills of lading are affected by the failure to comply with s.3 of the [Newfoundland Carriage of Goods by Sea] Act.” (emphasis added)


  1. That Judicial Committee comprised pre-eminent commercial law Lords whose opinion143 might be considered to be sound both in principle and its reasoning. Lord Wright explained144, following what Lord Atkin had held in International Trustee145, that the selection of the proper law should be approached on the basis that the Court ascertained, objectively, what was the parties’ intention. In a passage approved by Walsh J, with whom Barwick CJ, McTiernan, Windeyer and Owen JJ agreed, in Augustus v Permanent Trustee Company (Canberra) Ltd146, Lord Wright said147:

“But where the English rule that intention is the test applies, and where there is an express statement by the parties of their intention to select the law of the contract, it is difficult to see what qualifications are possible, provided the intention expressed is bona fide and legal, and provided there is no reason for avoiding the choice on the ground of public policy.” (emphasis added)


  1. In Amin Rasheed Shipping Corporation v Kuwait Insurance Co148, Lord Diplock discussed the English rule in a dispute involving the Lloyd’s SG form of marine insurance policy that was in a schedule to the Marine Insurance Act 1906 (UK)149. He asserted as a comment, without citation of authority, that under English conflict rules, the “proper law” of a contract consisted of150:

  1. “… the substantive law of the country which the parties have chosen as that by which their mutually legally enforceable rights are to be ascertained,


    Share with your friends:
1   ...   8   9   10   11   12   13   14   15   16




The database is protected by copyright ©essaydocs.org 2020
send message

    Main page