Contracts and the conflict of laws

Reference received: 31 January 1968

Note: The Commission's work on this reference was discontinued in 1969 with the agreement of the Attorney General.

Terms of reference

To review the law in relation to contracts made in a State or to be performed in a State which are invalid in or cannot be enforced in such State but which provide that the law of the contract is to be the law of another State which differs from that of the first State. And in particular, the extent to which the rules of private international law or the Federal Constitution affect either the validity of the contract or its enforcement, and the means open to the legislature of the first State to regulate the rights and liabilities arising under such contracts. ​