Choice of Law Clauses
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Statutes
In the UCC as adopted by New Hampshire, the liability of an issuer, nominated person, or adviser for action or omission is governed by the law of the jurisdiction chosen by an agreement in the form of a record signed or by the affected parties or by a provision in the person's letter of credit, confirmation, or other undertaking. The jurisdiction whose law is chosen need not bear any relation to the transaction. N.H. Rev. Stat. Ann ยง 382-A:5-116
Cases
New Hampshire recognizes choice of law clauses in contracts subject to the limitation that the contract must bear some significant relationship to the jurisdiction chosen. Allied Adjustment Serv. V. Heney, 484 A.2d 1189, 1191 (N.H. 1984). As long as a significant relationship is established, the parties’ choice of law will be upheld. Id.
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Contributors
Edward H. Kammerer, Esq.
Edwards & Angell, LLP
The statutory information was edited and reviewed with the support of MultiState
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