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Unit 6: Law of Obligation
6.1 Applicable Law in Contractual Obligations
- The party-autonomy (the first-principle): the choice’s (the parties’-law-selection (the express-and-the-implied (the general’s-freedom))); the limits (the mandatory-rules (the forum’s-public-policy (the weakest’s-protective (the consumer’s-and-the-employee’s))); the method (the Rome-I’s-structured (the absence’s-implied (the closest-connection’s-fallback (the characteristic-performance’s-presumption))));
- The no-choice’s-case (the closest-connection’s (the characteristic-performer’s (the presumptive’s))); the form’s-favour (the valid’s-alternative (the U3.2’s-technique));
- The CISG’s-route (the unification’s-bypass): the convention-as-the-law (the parties’-state’s-parties (the Nepal’s-non-party-face (the honest-record (the trade-course’s-companion))));
6.2 Applicable Law in Tort
- The classic’s-line: the lex-loci-delicti (the place-of-the-wrong (the tort’s-territory’s (the traditional’s)));
- The flexibility’s-revolution: the proper-law-of-the-tort (the closest-connection’s (the policy’s-and-the-interest’s (the Babcock-v-Jackson’s-lore (the names-only))); the Rome-II’s-structure (the general’s-lex-loci + the common-habitual-residence’s-escape + the party-autonomy’s-limited));
- The specific-torts: the defamation’s (the publication’s-multiple-places (the lex-fori’s-tendency (the internet’s-explosion))); the product-liability’s (the market’s-law (the protective’s (the LAW5505-U’s-substantive-companion))); the road-traffic’s (the place’s-and-the-insurance’s);
6.3 Nepalese Practice on Applicable Law in Contractual and Tortious Matters
- The contract’s: the autonomy’s-recognition (the Code’s-and-the-practice’s (the foreign-law’s-choice’s-respect (the public-policy’s-outer (the Nepal’s-mandatory’s)))); the FDI-and-the-foreign-loan’s (the choice-clauses’-common (the arbitration’s-pairing (the LAW5604-U’s-clauses))); the employment’s-foreign (the migrant’s-contract (the LAW5606-U’s-foreign-employment’s (the protective’s-question (the Nepali-law’s-protective-faces (the DFA-and-the-bilateral’s))));
- The tort’s: the lex-loci’s-practical (the Nepal-occurring (the Code’s-2074-tort-chapter (the LAW5505-U’s))); the foreign-tort’s-rare (the tourist’s-and-the-worker’s (the forum’s-choice (the Nepal-law’s-application’s-practice)); the product’s-foreign (the imported’s-defects (the jurisdiction’s-and-the-law’s-questions (the developing-case’s)));
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