In case of conflict of jurisdiction of the courts, the incidents of performance of a contract (where it…
Under principles of private international law applied by Indian courts (such as in Delhi Cloth and General Mills Co. Ltd. v. Harnam Singh, AIR 1955 SC 590, and Rabindra N.…
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In case of conflict of jurisdiction of the courts, the incidents of performance of a contract (where it is to be performed in a place other than where it was made) shall be governed by the law of the place where the:
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Correct answer D
Under principles of private international law applied by Indian courts (such as in Delhi Cloth and General Mills Co. Ltd. v. Harnam Singh, AIR 1955 SC 590, and Rabindra N. Maitra v. Life Insurance Corporation of India, AIR 1964 Cal 141), while the formal validity and formation of a contract are generally governed by the lex loci contractus (the law of the place where the contract is entered into), the mode and incidents of performance of a contract to be performed in another jurisdiction are governed by the lex loci solutionis—the law of the place where the contract is performed. The residence of the proposer or acceptor does not by itself determine the law governing performance.
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University of Delhi LL.M.