What does governed by English law mean?

English law is transparent and predictable, providing freedom of contract, a pro-business approach. Under English law, in commercial contracts, there’s no implied overarching duty of good faith, unlike in other jurisdictions. A duty of good faith requires neither party to take advantage of the other.

Is it correct to say laws of England and Wales?

If parties want their dispute to be heard in London, the contract should refer to the “courts of England and Wales” or the “High Court in London” and to “English law” or the “laws of England and Wales”.

Is there a law of England?

Overarching these systems is the law of the United Kingdom, also known as United Kingdom law (often abbreviated UK law). UK law arises from laws applying to the United Kingdom and/or its citizens as a whole, most obviously constitutional law, but also other areas – for instance, tax law.

How is a contract construed?

Construe the Contract as a Whole: A court should look at the instrument as a whole and determine the provision’s meaning in the context of the entire agreement. a. A court should avoid ascertaining the meaning of a contract by resort to solitary or fragmentary parts of the instrument.

Which countries use English law?

It’s important to note that, generally speaking, English law is the legal system of England and Wales. Unlike Scotland and Northern Ireland, which maintain their own legal systems, Wales is not a separate jurisdiction within the United Kingdom.

Why is the English common law important?

Why is common law important? Common law places an emphasis on precedent while allowing some freedom for interpretation. The value of a common-law system is that the law can be adapted to situations that were not contemplated at that time by the legislature.

Does English law apply in Scotland?

The law in the United Kingdom There are three legal systems in place in the UK. Those consist of English law, which is applicable to the law of England, Northern Ireland and Welsh law, which of course applies to the laws of that region, and Scottish law that applies to the laws of Scotland.

What type of law does England and Wales have?

common law system
England and Wales operate a common law system which combines the passing of legislation but also the creation of precedents through case law. The laws are established by the passing of legislation by Parliament which consists of the ‘Monarch’, the House of Commons and the House of Lords.

What does construing a contract mean?

In construing particular terms of a contract the whole of the contract must be considered. Further, if there is no ambiguity or uncertainty, then the court must give effect to the intention of the parties, however harsh.

What does construed against drafter mean?

The contra proferentem rule, also known as “interpretation against the draftsman” broadly states that where there is doubt about the meaning of the contract, the words will be construed against the person who put them forward.

Why is English common law so important?

According to the book from Sweet & Maxwell, a Thomson Reuters business (NYSE: TOC; TSX: TOC), English Common Law is the most common legal system in the world, not only because it applies to the largest slice of the world’s population but also because it is used in 27% of the 320 world’s legal jurisdictions.