LJU4804 Assignment 2 Semester 2 Memo | Due 15 September 2025/LJU4804 Assignment 2 (COMPLETE ANSWERS) Semester 2 2025 (199151) - DUE 15 September 2025

, 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).
If the court follows the objective approach to determining the
proper law of the contract, it will not focus primarily on the
subjective intentions of the contracting parties (i.e., what they
personally or internally thought). Instead, it considers what a
reasonable person, looking at the circumstances surrounding
the contract, would conclude the parties intended the
governing law to be. In other words, the court will objectively
assess the contract as a whole, alongside the relevant facts, to
identify the legal system with which the contract has its
closest and most real connection.
This process generally involves examining several factors, such
as:
 The language of the contract: If the contract is drafted in
a specific legal terminology or refers to concepts that
belong to a particular legal system, this may signal the
applicable law.