, LJU4804 Assignment 2 Semester 2 Memo | Due 15
September 2025.
MULTIPLE CHOICE,ASSURED EXCELLENCE
All questions fully answered. 2.1. If the court follows the
objective approach, how would it go about determining the
proper law of the contract? (Note: also refer to the prescribed
article by Fredericks 2003 SA Merc LJ 63).
LJU4804 Assignment 2 Memo | Semester 2 | Due 15
September 2025
Question 2.1
If the court follows the objective approach, how would it go
about determining the proper law of the contract? (Also refer
to Fredericks 2003 SA Merc LJ 63).
Introduction
When dealing with contracts that contain a foreign element,
courts are often required to determine the proper law of the
contract (i.e. the legal system that governs the rights, duties,
validity, and interpretation of the agreement). Where the
parties have not made an express or implied choice of law, the
court resorts to the objective approach to establish which
legal system applies.
September 2025.
MULTIPLE CHOICE,ASSURED EXCELLENCE
All questions fully answered. 2.1. If the court follows the
objective approach, how would it go about determining the
proper law of the contract? (Note: also refer to the prescribed
article by Fredericks 2003 SA Merc LJ 63).
LJU4804 Assignment 2 Memo | Semester 2 | Due 15
September 2025
Question 2.1
If the court follows the objective approach, how would it go
about determining the proper law of the contract? (Also refer
to Fredericks 2003 SA Merc LJ 63).
Introduction
When dealing with contracts that contain a foreign element,
courts are often required to determine the proper law of the
contract (i.e. the legal system that governs the rights, duties,
validity, and interpretation of the agreement). Where the
parties have not made an express or implied choice of law, the
court resorts to the objective approach to establish which
legal system applies.
