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choice of law Tag

ProveMyFloridaCase.com > Posts tagged "choice of law"

Raising Choice-of-Law Provision in Your Contract

It’s not uncommon for contracts to include a choice-of -law provision that specifies that a specific state’s law governs the agreement. For instance, even though the transaction is in Florida, the agreement may specify that another state’s law applies. Typically, the reason for this is that the other party is based in that state and the agreement was drafted based on that state’s legal framework. So, if a dispute arises, or the agreement needs to be enforced, it is the state's law subject to the choice-of-law provision governing the dispute. What if a dispute was filed in Florida and another state’s...

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Dealing with a Choice of Law Issue?

Do you have a “choice of law” issue?  In other words, does your contract require you to apply Delaware law (or the law of another state) but you will be filing your lawsuit in Florida?  In this case, how do you know when to apply the law of another state versus Florida law? The answer depends on whether dealing with a substantive versus procedural issue: When dealing with choice of law matters, Florida adheres to a distinction between substantive and procedural matters. Siegel v. Novak, 920 So. 2d 89, 93 (Fla. 4th DCA 2006); Aerovias Nacionales De Colombia, S.A. v. Tellez, 596 So....

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