What is the test for determining whether a contract is enforceable in circumstances where the contract states that a particular law will govern the contract?
British Columbia, Canada
The following excerpt is from Moreau v. Moreau, 2014 BCSC 1176 (CanLII):
The applicant first submits that the principle stated in Humble v. MacKay 2012 BCSC 1285, at para. 11, is applicable: “11. Where parties to a contract have expressly indicated that a particular law will govern the contract, the general rule is that the courts will respect the parties’ choice, provided the choice is (1) bona fide, (2) legal, and (3) there are no public policy grounds for which the chosen law should not be applied.”
The applicant submits that in Tezcan v. Tezcan (1992) 87 D.L.R. (4th) Koenigsberg J. noted that the principle applies in the context of Family Law cases.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the current state of the law in Canada when a contract states that a particular law governs the contract? (British Columbia, Canada)
What is the test for determining whether performance in the present circumstances would render the contract radically different from that which was agreed in the circumstances of August 25? (British Columbia, Canada)
In what circumstances has the BC Supreme Court found that enforcement of a contract is not enforceable? (British Columbia, Canada)
What is the test for the construction of a contract where a clause in the contract states that a condition fundamental to the agreement must be met before the contract can be signed? (British Columbia, Canada)
In what circumstances will an enforceable contract be enforceable? (British Columbia, Canada)
In what circumstances have the judges given separate judgments on whether there was a sufficient memorandum to enforce the terms of a contract? (British Columbia, Canada)
Is a contract enforceable if the contract contains no representations, warranties, guarantees or promises other than those set out in this contract? (British Columbia, Canada)
What is the legal test used to determine whether an arbitrator has jurisdiction to enforce an order or enforce compliance? (British Columbia, Canada)
What is the legal test for determining whether there has been anordinate delay in determining whether a claim has been successful? (British Columbia, Canada)
What is the test for determining whether a hypothetical or speculative opportunity can be used to determine damages for future loss of earnings as a result of a motor vehicle accident? (British Columbia, Canada)
