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Section 2708 - Choice of law (a) The parties to any contract, agreement or other undertaking, contingent or otherwise, may agree in writing that the contract, agreement or other undertaking shall be governed by or construed under the laws of this State, without regard to principles of conflict of laws, or that the laws ...

Choice of Law Test The party who wants to apply foreign law must identify the foreign law and show that it is materially different from California law. If the laws are not different, the court should apply California law. The court determines what interest each state has in having its own law applied to the case.

As previously mentioned, one unique aspect of the Delaware legal system is the Court of Chancery. The Delaware Court of Chancery is a special circuit of state courts that specifically handles business disputes. Since the court only handles business disputes, the judges on the court are well-versed in corporate matters.

§ 2705. Age of majority; capacity to contract. Any person who has attained 18 years of age shall have full capacity to contract; provided such person has not been declared legally incompetent to contract for reasons other than age.

Section 2708 - Choice of law (a) The parties to any contract, agreement or other undertaking, contingent or otherwise, may agree in writing that the contract, agreement or other undertaking shall be governed by or construed under the laws of this State, without regard to principles of conflict of laws, or that the laws ...

As the court notes, “Delaware follows the Restatement (Second) of Conflicts of Laws, which provides that a contractual choice of law will generally control.” That general rule, however, is subject to exception, and in certain circumstances, the law of the default jurisdiction (that is, the law that would apply absent ...

While the state of incorporation or headquarters of one or both parties is sometimes selected, anecdotal as well as empirical evidence suggests that a healthy majority of larger transactions choose Delaware or New York law.

It's internationally known for deftly handling complex corporate matters quickly and fairly. The Supreme Court of Delaware is another powerhouse for business law, and the United States District Court for the District of Delaware is a top venue for complex intellectual property (IP) cases.

In that practice area, Delaware law is considered a neutral compromise when the parties are from different jurisdictions whose laws might otherwise apply but for the contractual choice of Delaware. Delaware M&A law is also well-developed and thus more predictable than the law in some other jurisdiction.