TABLE OF CONTENTS Each country has its own system of law and within each system there are many divisions and subdivisions. English law is divided between public law and private law. Public law is concerned with the constitution and functions of governmental organisations, including local authorities, and their legal relationship with the citizen and with each other. Public law is also concerned with crime, which involves the state's relationship with, and power of control over, the individual. Private law is concerned with the legal relationships of ordinary persons in everyday transactions. It is also concerned with the legal position of companies. Private law includes contract and commercial law, the law of tort; law relating to family matters and the law of property.
A contract is subject to law. It is for the parties to the contract to choose the law that is applicable to their contract. If both were domiciled in the same territory, then the law of that territory would normally apply. If the parties are in different territories then they elect the law of one of the territories. Other possibilities are the law of the land in which the contract is physically performed, and the law of the land where one of the parties' parent companies is based. A final option is a neutral jurisdiction. This may be a useful resolution where the parties cannot agree on which of their home jurisdictions should apply. This is much more than an esoteric point for the lawyers. When...
