TAG: Courts

Legal Backing For Environment

Legal backing

Naively, one may say, the laws of the land are there to protect us and our interests. This is true half the time, but there are times when people and communities feel that the law offers them limited or no protection at all. This may be said for laws which are silent on environmental issues, and such loopholes are abused by persons with a vested interest in doing so. When there is a contention between persons concerning a certain law, the court is tasked with the responsibility to interpret the law in question and give a verdict founded upon justice,… read more

Legal Loopholes

Legal loopholes

In contracts where two or more parties are from different jurisdictions, there usually is a choice of law stipulating which¬†country’s laws will govern the contractual relationship. This practice is founded upon the widely recognised doctrine of party autonomy in contract law. National courts do not generally go against the wishes of the parties. There may however be instances where a court will not uphold a choice of law clause, a classic example being where the law as it applies to issues at hand is likely to yield results which are contrary to the policies of the country wherein the court… read more