As a professional, I must say that writing an article on “the contracts (applicable law) act 1990 (commencement no. 1) order 1991” may not be the most exciting topic, but it is an essential one that many businesses and legal professionals should be familiar with.
In 1990, the UK government passed the Contracts (Applicable Law) Act, which aimed to create a modern framework for determining the law governing international contracts. This Act was implemented to bring greater clarity to the issue of which law applies in cross-border contracts, which is vital for businesses operating across borders.
The Act fundamentally changed the way contract law was applied in the UK. Previously, the common law was used to determine the governing law of commercial contracts. However, the Contracts (Applicable Law) Act introduced a new framework that allows businesses to choose the governing law of their contracts.
The Commencement No. 1 Order, which came into force in 1991, is the first of several commencement orders that give effect to different parts of the Contracts (Applicable Law) Act. The commencement order was necessary to set out the date on which the Act would come into force, as well as the provisions that would be brought into operation at that time.
The Contracts (Applicable Law) Act and the commencement orders that followed have provided greater clarity and certainty for businesses operating across borders. The Act allows parties to choose the law that will govern their contract, which can help to avoid costly disputes and confusion about the governing law.
While the Contracts (Applicable Law) Act 1990 may not be a thrilling subject to discuss, it is a critical piece of legislation that businesses and legal professionals should be familiar with. By providing greater certainty and clarity, the Act has helped to facilitate international trade and commerce, which is vital for a thriving global economy.