Law Applicable to Contracts Under English Common Law, Rome Convention on the Law Applicable to Contractual Obligations 1980 - Essay ExampleIt also had to be enforceable otherwise the courts could ignore the parties’ choice of the law applicable to the contract.4 The courts would also refuse to uphold an express choice of law clause if it merely appointed an applicable law upon the occurrence of a specific event.5 Under the common law, the applicable law is applied or implied by the courts in cases where the parties have not expressly selected the proper law of the contract.6 In doing so, the courts will look for evidence of the intention of the parties by reference to the facts and circumstances of the case. Intention will be implied from facts such as the parties’ nationalities, the place where the contract was concluded, the monetary currency in the contract’s transaction, the place for payment and evidence of a forum preference.
