LJU4804
Assignment 2 Semester 2 2024
Detailed Solutions, References & Explanations
Unique number: 572928
Due Date: 13 September 2024
QUESTION 1 (2 ANSWERS PROVIDED)
This scenario is a private international law matter because it involves a contractual dispute
between parties from different countries: Just Jeans (South Africa) and Materiale S.p.A (Italy).
The conflict arises from the delivery of goods (denim material) that do not conform to the agreed
specifications. Private international law is required to determine which legal system (lex causae)
governs the contractual obligations and dispute resolution. Since the contract lacks a choice of
law clause, it is crucial to establish the applicable legal system to resolve the dispute.
Additionally, the arbitration clause requires consideration of international arbitration rules and
the law of the forum (lex fori).
Terms of use
By making use of this document you agree to:
• Use this document as a guide for learning, comparison and reference purpose,
• Not to duplicate, reproduce and/or misrepresent the contents of this document as your own work,
• Fully accept the consequences should you plagiarise or misuse this document.
Disclaimer
Extreme care has been used to create this document, however the contents are provided “as is” without
any representations or warranties, express or implied. The author assumes no liability as a result of
reliance and use of the contents of this document. This document is to be used for comparison, research
and reference purposes ONLY. No part of this document may be reproduced, resold or transmitted in any
form or by any means.
Assignment 2 Semester 2 2024
Detailed Solutions, References & Explanations
Unique number: 572928
Due Date: 13 September 2024
QUESTION 1 (2 ANSWERS PROVIDED)
This scenario is a private international law matter because it involves a contractual dispute
between parties from different countries: Just Jeans (South Africa) and Materiale S.p.A (Italy).
The conflict arises from the delivery of goods (denim material) that do not conform to the agreed
specifications. Private international law is required to determine which legal system (lex causae)
governs the contractual obligations and dispute resolution. Since the contract lacks a choice of
law clause, it is crucial to establish the applicable legal system to resolve the dispute.
Additionally, the arbitration clause requires consideration of international arbitration rules and
the law of the forum (lex fori).
Terms of use
By making use of this document you agree to:
• Use this document as a guide for learning, comparison and reference purpose,
• Not to duplicate, reproduce and/or misrepresent the contents of this document as your own work,
• Fully accept the consequences should you plagiarise or misuse this document.
Disclaimer
Extreme care has been used to create this document, however the contents are provided “as is” without
any representations or warranties, express or implied. The author assumes no liability as a result of
reliance and use of the contents of this document. This document is to be used for comparison, research
and reference purposes ONLY. No part of this document may be reproduced, resold or transmitted in any
form or by any means.
