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Cross border breach of contract

  • 19-04-2013 7:36am
    #1
    teesie
    Users Awaiting Email Confirmation Posts: 3 ✭


    Hi all,

    Help needed, I have a cross border contract and this contract has been breached, I know that it depends on several factors, i.e where defendant lives, company etc, but it also depends where the contract was formed.

    My query, this is a contract whereby I filled out forms, and send requesite paperwork and enclose fees, all of which were done in my home and posted in my local town, so query, is that contract formed in my town or when he receives it (across the border)?

    So can I bring the case here in my town or have I to go to his in Northern Ireland?

    Thanks in advance
    Tagged:


Comments

  • #2
    234
    Registered Users, Registered Users 2 Posts: 1,529 ✭✭✭234


    To be honest, this is a private international law issue and you should probably see a solicitor.

    As you have said, jurisdiction and choice of law issues in contract are dependent on a variety of factors and a solicitor who has been given all the facts can give you the best advice. It would be very easy to get the wrong info on the internet unless people knew exactly what to ask you.


  • #3
    234
    Registered Users, Registered Users 2 Posts: 1,529 ✭✭✭234


    If you want to do some of your own reading you could start here.


  • #4
    teesie
    Users Awaiting Email Confirmation Posts: 3 ✭teesie


    234 wrote: »
    If you want to do some of your own reading you could start here.

    Thank you, I cannot afford legal representation, this is a sticky area and im not sure 100% but I made an application for pass by way of post, the company would give me special provision and access to restricted areas with this pass, but they revoked my pass with no reason and as I have a legally binding contract with them and they breached it Im not sure how to work the summons, as lay litigant in civil case the court will frown upon me anyway.

    Article 5
    A person domiciled in a Member State may, in another
    Member State, be sued:
    1. (a) in matters relating to a contract, in the courts for the
    place of performance of the obligation in question;
    (b) for the purpose of this provision and unless otherwise
    agreed, the place of performance of the obligation in
    question shall be:
    — in the case of the sale of goods, the place in a
    Member State where, under the contract, the goods
    were delivered or should have been delivered,

    so is the pass (GOODS OR SERVICES) is really what I need to be sure of...

    Thank again by the way


  • #5
    Tom Young
    Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    FLAC would be able to assist. This is technical and can go wrong.


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