Concerning Land Co claimant induce the defendant by suggesting

Concerning about the trick that plaintiff uses, Inviting the
defendant to another country for jurisdiction seems to be one of the most
popular way. One criticism of much of the literature on
fraud of jurisdiction is that there are many situations that a trick was found
by court but the court decline the jurisdiction. In Goss v Hall , a trick is conducted by the agent
of plaintiff ; in two cases Nicholson v
Gulf,Mobile &Nothern R.Co and Taylor v,McCool plaintiff induces one
defendant to trap others into jurisdiction.Nevertheless, there are some cases
that the court unable to prove the “trick”. For example, in Guzzetta v. Guzzetta, the wife trapped
the husband by asking him to see their children then served him with a writ. In
Lingo v. Reichenbach Land Co claimant
induce the defendant by suggesting plaintiff’s jurisdiction. Or eventually, In Watkin v. Nort American Land & Timber Co
, the defendant was served on arrival because of the persuasion from the claimant
for coming to talk.


Question 2 :

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The doctrine of proper law (100 words)

Applicable law ( 200 words)

Many criticisms arise about international contract in the
conflicts of law with surrounding issues : the parties, the way of making
contract, the place that the contract , the currency which is used for payment…For
example, a buyer from Germany concludes all the terms of contract with a seller
from Italia by email, the delivery of goods happens in England. So the question
is given whether which suitable law should be applied  if a breach of contract appears: Germany,
italia or England.This lead to the decision of the court for choosing the
system of law that is relevant to the contract.And it is called lex causae (applicable law )In fact,
there situations occurs frequently because of the intergration and development
of all countries around the world . Nevertheless, if each country uses lex fori as the suitable law in
contractual dispute with foreign element, it will be likely that the conflict
of laws or the loops of domestic law come into sight. To decide the laws which
is applied for the dispute of international contracts in England, there is a
doctrine called “the proper law of contract”.This doctrine was promoted by
English courts in 19th and 20th centuries with two basic
rules. The first rule is that the parties have the rights to choose the applied
law.Parties are free to express the choice of law provided that it is legal and
follows the rules of public policy1.
The second rule is that in case the choice of law could not be made by parties,
the court will chose the law that ‘with which the transaction has its closet
and most real connection’2.

1 Vita Food Products Inc v Unus Shipping Co
Ltd 1939 AC 277.

2 Bonython v Commonwealth of Australia 1951
AC 201 at 219.