DSpace Repository

The choice of law contract

Show simple item record

dc.contributor.advisor McLachlan, Campbell
dc.contributor.advisor Angelo, Tony
dc.contributor.author Hook, Maria
dc.date.accessioned 2014-03-18T22:12:37Z
dc.date.accessioned 2022-11-03T00:51:50Z
dc.date.available 2014-03-18T22:12:37Z
dc.date.available 2022-11-03T00:51:50Z
dc.date.copyright 2014
dc.date.issued 2014
dc.identifier.uri https://ir.wgtn.ac.nz/handle/123456789/29432
dc.description.abstract The party autonomy rule embodies the freedom enjoyed by parties to a cross-border legal relationship to choose the law applicable to that relationship. It is firmly established in the area of contract and is also increasingly being relied upon in non-contractual relationships. This thesis argues that there has been insufficient analysis of the mechanism behind the rule, the choice of law agreement, and that a better understanding of the agreement’s functions is crucial to the effective operation of the party autonomy paradigm. Rejecting the argument that choice of law agreements are of merely factual relevance in the determination of the applicable law, the thesis proposes a contractual framework for the regulation of party autonomy. By fusing principles of choice of law and contract, this framework provides guidance on the proper scope of party autonomy, as well as on the conditions that ought to be imposed on the enforcement of choice of law contracts. In particular, it demonstrates that the scope of party autonomy must be evaluated by reference to objective choice of law; that the existence and validity of the choice of law contract must be established before it is given effect; and that the law of contract is not always sufficient to achieve this task and must be supplemented by rules that are specific to the choice of law contract, termed modal choice of law rules. Championing party autonomy without also considering the attendant normative questions that define the purpose, the meaning and the limits of that power ignores the parties' right to freedom from contract and undermines the very purpose of party autonomy. The thesis concludes, therefore, that existing rules of party autonomy ought to be interpreted in a way that gives effect to the contractual nature of the choice of law agreement, and that reforms are needed to expand the use of modal choice of law rules. en_NZ
dc.format pdf en_NZ
dc.language en_NZ
dc.language.iso en_NZ
dc.publisher Te Herenga Waka—Victoria University of Wellington en_NZ
dc.rights Access is restricted to staff and students only. For information please contact the library. en_NZ
dc.subject Party autonomy en_NZ
dc.subject Choice of law en_NZ
dc.title The choice of law contract en_NZ
dc.type Text en_NZ
vuwschema.contributor.unit School of Law en_NZ
vuwschema.subject.anzsrcfor 180107 Conflict of Laws (Private International Law) en_NZ
vuwschema.subject.anzsrcseo 940499 Justice and the Law not elsewhere classified en_NZ
vuwschema.type.vuw Awarded Doctoral Thesis en_NZ
thesis.degree.discipline Law en_NZ
thesis.degree.grantor Te Herenga Waka—Victoria University of Wellington en_NZ
thesis.degree.level Doctoral en_NZ
thesis.degree.name Doctor of Philosophy en_NZ

Files in this item

This item appears in the following Collection(s)

Show simple item record

Search DSpace


My Account