Robin Hood wrote:Tim Drayton wrote:Robin Hood wrote:I wasn't going to mention your ridiculous claim about
'governing law' when applied to moving the Banks from UK to Germany but you screwed that up as well by your ignorance.
'Governing law' is only applicable if there is a contractual dispute and determines the country's laws that will be used to settle that dispute . I am sorry but I don't have to just sit back and take a lot of crap from you.
By the way, that's another ludicrous example of the man of straw fallacy. What was my so-called rediculous claim about 'governing law' when applied to moving the Banks from UK to Germany? My only claim was that, as opposed to the 'man on the telly who supposedly proves you right', two private law parties can indeed enact a contract in Frankfurt and, by including a governing law clause, see to it that that contract is governed by English law.
I realize that you are a bit thick but .......
What don't you understand about the ...... IF THERE IS A DISPUTE! That is the only time the clause comes into effect. You missed the ball completely! If you read/watch other interviews and papers by Keen, in those he refers to '
the procedures' ..... if you listen to the HARDtalk programme again, that makes more sense than your off target comments.
Yes, if there's a dispute, then this is the law that the contract is deemed to be governed by and interpreted according to. The only time this point is of any consequence is if there is a dispute. Otherwise both parties are in agreement and the question of which law the contract is governed by is not an issue. Listen again from about eight minutes into the interview that you hoped none of us would be able to access and you will hear that your man makes the assertions:
1- Most contracts are negotiated under English law (in itself a highly specious claim given that contracts are private matters that are not generally in the public domain and so there can exist no statistics about the numbers of contracts concluded under different legal systems and I seriously doubt that more than half of the contracts concluded in the world are under English law) and
2- You can't do that in Frankfurt.
I understand the second claim to mean, "You can't negotiate a contract in Frankfurt under English law" and this is wrong because, if you include a governing law clause stating that the contract is subject to English law, you can indeed do this.
Your 'man on the telly who supposedly proves you right' was totally wrong on that point. He made an off the cuff remark in support of his view but got it wrong. That's all there is to it. Boy, you are a sore loser. And you have the cheek to accuse others of that!
Thank goodness I don't have to go through the whole of that interview and deconstruct it for you. There's probably not enough time between now and the end of the universe for that.