ABSTRACT

Not all international sale contracts will be governed by English law. Some will be governed by the law of France or the law of Germany or the law of the State of New York, and so on. The present notes are concerned with English rules for international sales, that is, for those international sale contracts which are governed by English law. What law governs any particular contract is a matter for another subject called the ‘conflict of laws’. The details of this are outside the scope of the present work but it may be said that, roughly speaking, English law will be applied either where the transaction is more closely connected with the English legal system than any other or where the parties have chosen English law as the governing law. Both in English law and in the conflict of law rules of most other countries, the parties enjoy great autonomy in choosing their own law. So, many international sale contracts which have little or no connection with England will contain express choice of English law. Such choices would usually be effective in the eyes of both English and foreign courts.