Editing Contracts/Governing law
From wikilawschool.net. Wiki Law School does not provide legal advice. For educational purposes only.
The edit can be undone. Please check the comparison below to verify that this is what you want to do, and then publish the changes below to finish undoing the edit.
Latest revision | Your text | ||
Line 122: | Line 122: | ||
92 AmD 641. See generally [[#Agreements Contrary to Constitution or Legislation of State|Agreements Contrary to Constitution or Legislation of State]]</ref> and it is left to each state or nation to say how far it will be recognized, and to what extent it will be permitted to control its own laws,<ref>Delop v. Windsor, 26 La. Ann. 185; Cole v. Lucas. 2 La. Ann. 946; Oliver v. Townes, 2 Mart. N. S. (La.) 93; New Brunswick State Bank v. Plainfield First Nat. Bank, 34 N.J. Eq. 450; Lewis v. Woodfolk, 2 Baxt. (Tenn.) 25; International Harvester Co. v. McAdam, 142 Wis. 114, 124 NW 1042, 26 LRANS 774, 20 AnnCas 614.<br /> | 92 AmD 641. See generally [[#Agreements Contrary to Constitution or Legislation of State|Agreements Contrary to Constitution or Legislation of State]]</ref> and it is left to each state or nation to say how far it will be recognized, and to what extent it will be permitted to control its own laws,<ref>Delop v. Windsor, 26 La. Ann. 185; Cole v. Lucas. 2 La. Ann. 946; Oliver v. Townes, 2 Mart. N. S. (La.) 93; New Brunswick State Bank v. Plainfield First Nat. Bank, 34 N.J. Eq. 450; Lewis v. Woodfolk, 2 Baxt. (Tenn.) 25; International Harvester Co. v. McAdam, 142 Wis. 114, 124 NW 1042, 26 LRANS 774, 20 AnnCas 614.<br /> | ||
{{Quote|The law of one state having, ex proprio vigore, no validity in another state, the enforcement of a foreign contract which would not be valid by the law of the forum where its enforcement is judicially attempted, depends upon comity which is extended for that purpose, unless the agreement is contrary to the public policy of the state of the forum, in that it is contrary to good morals, or the state or its citizens would be injured by the enforcement, or it perniciously violates positive written or unwritten prohibitory law; the extent to which comity will be extended being very much a matter of judicial policy to be determined within reasonable limitations by each state for itself.}} International Harvester Co. v. McAdam, 142 Wis. 114, 118, 124 NW 1042, 26 LRANS 774, 20 AnnCas 614.<br /> | {{Quote|The law of one state having, ex proprio vigore, no validity in another state, the enforcement of a foreign contract which would not be valid by the law of the forum where its enforcement is judicially attempted, depends upon comity which is extended for that purpose, unless the agreement is contrary to the public policy of the state of the forum, in that it is contrary to good morals, or the state or its citizens would be injured by the enforcement, or it perniciously violates positive written or unwritten prohibitory law; the extent to which comity will be extended being very much a matter of judicial policy to be determined within reasonable limitations by each state for itself.}} International Harvester Co. v. McAdam, 142 Wis. 114, 118, 124 NW 1042, 26 LRANS 774, 20 AnnCas 614.<br /> | ||
'''[a] Exercise of of comity voluntary act'''-The courts recognize the laws of other states pertaining to contracts, and give them effect on the principle of comity, which is the voluntary act of the state by which is offered, and is inadmissible when contrary to its policy or prejudicial to its interests. Corbin v. Houlehan, 100 Me. 246, 61 A 131, 70 LRA 568.</ref> but in some instances the enforcement of a foreign contract,<ref>Kulp v. Fleming, 65 Oh. St. 321, 339, 62 NE 334, 87 AmSR 611 ("The right to maintain the action here [to enforce stockholders' liability In Kansas corporation] does not depend upon the exerclse of comity; it rests wholly on the duty of the Ohio courts to enforce a contract voluntarily entered into in another state and made legal by the laws of that state").</ref> or the recognition of the ''lex loci contractus'',<ref>Bath Gas Light Co. v. Rowland, 84 App. Div. 563, 568, 82 NYS 841 [aff! 178 N.Y. 631 mem. 27 NE 127 mem] ("In such a case as the one in hand [where a lease was ultra vires (beyond one's legal power or authority) a corporation as against the public policy of a foreign state] the recognition ot the lex loci contractus is not merely based upon comity or | '''[a] Exercise of of comity voluntary act'''-The courts recognize the laws of other states pertaining to contracts, and give them effect on the principle of comity, which is the voluntary act of the state by which is offered, and is inadmissible when contrary to its policy or prejudicial to its interests. Corbin v. Houlehan, 100 Me. 246, 61 A 131, 70 LRA 568.</ref> but in some instances the enforcement of a foreign contract,<ref>Kulp v. Fleming, 65 Oh. St. 321, 339, 62 NE 334, 87 AmSR 611 ("The right to maintain the action here [to enforce stockholders' liability In Kansas corporation] does not depend upon the exerclse of comity; it rests wholly on the duty of the Ohio courts to enforce a contract voluntarily entered into in another state and made legal by the laws of that state").</ref> or the recognition of the ''lex loci contractus'',<ref>Bath Gas Light Co. v. Rowland, 84 App. Div. 563, 568, 82 NYS 841 [aff! 178 N.Y. 631 mem. 27 NE 127 mem] ("In such a case as the one in hand [where a lease was ultra vires (beyond one's legal power or authority) a corporation as against the public policy of a foreign state] the recognition ot the lex loci contractus is not merely based upon comity or ex comitate, but rather ex debito justitiæ [Latin for 'as of right']").</ref> has been regarded as a matter of common justice. | ||
==Fact of Agreement== | ==Fact of Agreement== | ||
==Capacity of Parties== | ==Capacity of Parties== | ||
==Form and Execution== | ==Form and Execution== | ||
===Revenue stamps=== | ===Revenue stamps=== |