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Marina Is a Hardware Exporter in France

Question 65

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Marina is a hardware exporter in France. Her company makes fine hardware, principally hinges, door stoppers, and decorative handles, for French- style furniture. She is new to the business, however, and on a recent business trip to Canada concludes an agreement with The Furniture Shoppe, a trendy Toronto furniture and hardware importer. The contract was essentially concluded on the back of a napkin at a Toronto restaurant and the next day, while one of The Furniture Shoppe's secretaries was entering the agreement into the computer, a choice of law clause was forgotten. Assuming that all was correct, Marina and her new customer did not verify the agreement. It was only later that they realized the contract lacked a choice of law clause. In the event of a dispute between them, explain how a court in Canada would determine the choice of law.

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Generally speaking, the parties will agr...

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