Question
1. Amjeet is a British national resident in England. Amjeet suffers from a variety of learning disabilities following a car accident 2 years ago. Under
1. Amjeet is a British national resident in England. Amjeet suffers from a variety of learning disabilities following a car accident 2 years ago. Under English law she is not considered to have legal capacity to enter into contracts. Amjeet makes an online purchase for some speciality French cheese from http://www.cheeseonline.fr/index.php?lang_ref=en . When the cheese arrives Amjeet is not happy with it, but the company refuse to accept a return saying that the time limit for this has expired under French law. Amjeet has been told that she is within the period for making returns under English law. Discuss which law will govern the contract and the issue of making returns.
2. Critically analyse the regimes for recognition and enforcement contained in the Hague Choice of Court Convention 2005, the Lugano Convention and the traditional English domestic rules. Which of these should be dominant in the courts of England and Wales and why?
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