The question (6 marks)
A and B, both resident abroad, orally agreed in a foreign country that A would serve B for a term of two years. The agreement is fully valid by the law of that country, which requires no writing. B has assets in the forum and A sues there for breach. The law of the forum provides that no agreement of service for more than one year shall be enforceable unless it is evidenced in writing, and that provision is contained in the forum's law of evidence. (a) By which law is it decided whether that provision is one of substance or of procedure? (b) Advise A on the outcome, and say whether the classification the forum is likely to adopt is defensible. (6 marks)
MU Module I, substance and procedure, characterisation; pack ch. 01 §§4 and 7.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 1 · Introduction and Stages of Analysis in Private International Law of Conflict of Laws.
Authorities you will need
- Leroux v. Brown
- Huber v. Steiner
- De la Vega v. Vianna
- Ogden v. Ogden
- De Nicols v. Curlier
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.