, 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).
Question 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).
Model Answer:
When a court follows the objective approach to determine the
proper law of the contract, it does not rely on the subjective
intentions of the parties, but rather on objective connecting
factors that indicate the legal system with which the contract
has the closest and most real connection.
The court will examine external and verifiable indicators such
as:
The place of contracting (lex loci contractus).
The place of performance (lex loci solutionis).
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).
Question 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).
Model Answer:
When a court follows the objective approach to determine the
proper law of the contract, it does not rely on the subjective
intentions of the parties, but rather on objective connecting
factors that indicate the legal system with which the contract
has the closest and most real connection.
The court will examine external and verifiable indicators such
as:
The place of contracting (lex loci contractus).
The place of performance (lex loci solutionis).
