Commentary

182 Contract, tort and bailment

BAILMENT vol 3(1)
| Commentary

182 Contract, tort and bailment

| Commentary

(c) Choice of law

182 Contract, tort and bailment

Identifying the law that governs a claim involving the cross-border loan of chattels depends primarily on the basis of the claim. Claims for breach of contract before the English courts are governed by the provisions of the European Regulation on the law applicable to contractual obligations (‘Rome I’)1. Under Rome I, a contract will be governed by the law of England and Wales if that is expressly or impliedly chosen by the parties2. In the absence of choice, reference is to be made to the rules applicable to various types of contracts

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