jurisdiction of contract law

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northernladuk replied

8 September 2016, 06:43
Originally posted by Platypus View Post

It could work in your favour. My contract is governed by the laws of Texas. I'd like to see them enforce a "can't work for client for x months" clause

Yeah but you are going to go to jail if you get caught in another man's arms in the broom cupboard.
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Platypus replied

8 September 2016, 05:42
It could work in your favour. My contract is governed by the laws of Texas. I'd like to see them enforce a "can't work for client for x months" clause
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jamesbrown replied

7 September 2016, 16:36
As above, but note that there's a difference between jurisdiction and governing law. Both should be explicitly covered in the contract, and separately.
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Scruff replied

7 September 2016, 16:00
Originally posted by bluepeter View Post

Just a question about the jurisdiction of a contract. The job was advertised in the UK, the agency is headquartered elsewhere, but the agent operates out of the UK office.

The job itself is in a third country. If I sign a contract offered to me by the agency, should I be covered by UK law or the country of the agencies headquarters?

The jurisdiction would normally be determined within the Contract. Failing that, there are a number of determining factors, ie where the contract was signed, where the contracting parties are located, EU law, precedence etc.

Personally, I would not be signing any contract where the parties are in different countries, unless the jurisdiction is mutually agreed. It can be worthless, for example, if the contract was signed where you were UK based, agent was Saudi based and the jurisdiction was Saudi* - try enforcing any terms and see how far you get? Frankly, if the jurisdiction was UK, the agency and client were Saudi*, good luck to you again.

* Substitute Saudi with any number of countries.
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missinggreenfields replied

7 September 2016, 15:53
It would be detailed in the contract. If it isn't, then get it put in which jurisdiction you expect to apply.
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bluepeter started a topic jurisdiction of contract law

7 September 2016, 15:48
jurisdiction of contract law

Just a question about the jurisdiction of a contract. The job was advertised in the UK, the agency is headquartered elsewhere, but the agent operates out of the UK office.

The job itself is in a third country. If I sign a contract offered to me by the agency, should I be covered by UK law or the country of the agencies headquarters?
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