Electronic Transactions
2010 No. C 2627
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and a dispute arises out of or in connection with such contract, the following
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provisions shall to apply:
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(1) the dispute shall be decided in accordance with the rule of law
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designated by the parties as applicable to the substance of the dispute;
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(2) any designation by the parties of the law or legal system of a given
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country shall be construed, unless otherwise expressed, as directly referring
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to substantive law of that country and not to its conflict of laws rules;
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(3) where parties have not designated any law under subsection (1), the
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court or arbitral body shall apply the rules of law which it considers to be
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appropriate given all the circumstances surrounding the dispute;
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(4) where the contract has been concluded with a person who pursues
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commercial or professional activities in Nigeria or who by any means directs
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such activities to several countries including Nigeria, such contract shall
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be subject to Nigerian law;
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(5) where a consumer enters into a contract with a party who is not
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domiciled in Nigeria but has a branch, agency or other establishment in
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Nigeria, that party shall, in dispute arising out of the operations of the
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branch, agency or establishment, be deemed to be domiciled in Nigeria;
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(6) in all cases, the court shall rule in accordance with the terms of the
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contract and shall take into account the usage of the trade applicable to
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the transaction.
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Part V — Carriage of Goods
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31. This Part applies to any action in connection with, or in pursuance
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of, a contract of carriage of goods, including but not limited to—
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(a) (i) furnishing the marks, number, quantity or weight of goods;
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(ii) stating or declaring the nature or value of goods;
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(iii) issuing a receipt for goods;
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(iv) confirming that goods have been loaded;
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(b) (i) notifying a person of terms and conditions of the contract;
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(ii) giving instructions to a carrier;
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(c) (i) claiming delivery of goods;