From: | Gerard Sadlier <gerard.sadlier@gmail.com> |
To: | obligations <obligations@uwo.ca> |
Date: | 21/01/2019 21:26:38 UTC |
Subject: | Scope of Factual Matrix/Admissible Background under ICS |
Hello all
I wonder if anyone can point me to authorities considering what
material is "reasonably available to the parties" (within the second
of the ICS guidelines), when entering into a contract. In other words,
what criteria are applied in determining if material was reasonably
available. (I have looked at the latest editions of Lewison and McMeel
on point.)
I'm thinking specifically of a provision of foreign law and when it
would be held that knowledge of that foreign law was reasonably
available.
Any guidance/cases gratefully received!
Kind regards
Gerto h