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7 Choice of Law for Contractual Obligations

Adeline Chong, Man Yip

From: Singapore Private International Law: Commercial Issues and Practice

Adeline Chong, Yip Man

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 04 March 2024

Public policy — Contractual obligations — Validity of contract

This chapter considers the choice of law rules for contractual obligations under Singapore law, which is closely similar to the equivalent choice of law rules under English common law. It starts with the process of identifying the proper law of the contract as the proper law of the contract plays a key role in most of the issues relating to choice of law for contractual obligations. Additionally, illegality and the operation of public policy influence the substantive obligations of parties under the contract. For example, a contract which is illegal under the proper law of the contract would not be enforced by the Singapore court. The chapter also tackles the choice of law rules for the formation, material validity and formal validity of a contract, and the capacity to contract. It explores the enactment of the United Nations Convention on Contracts for the International Sale of Goods into the Singapore law that provides uniform rules for the international sales of goods.

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