The question (12 marks)
What is meant by the proper law of a contract? Explain how it is ascertained, state the limits on the freedom of the parties to choose it, and discuss the position taken by the Supreme Court of India. (12 marks)
MU Module IV, proper law of contract; pack ch. 04 §§1-2.
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 4 · Applicable Law — Contracts and Commercial Matters of Conflict of Laws.
Authorities you will need
- Vita Food Products Inc. v. Unus Shipping Co. Ltd.
- Tzortzis v. Monarch Line
- The Assunzione
- Amin Rasheed Shipping Corporation v. Kuwait Insurance Company
- Delhi Cloth and General Mills Co. v. Harnam Singh
- British India Steam Navigation Co. v. Shanmugha Vilas Cashew Industries
- NTPC v. Singer Company
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.