On Fri, May 30, 2014 at 6:22 AM, Phillip Lord <phillip.l...@newcastle.ac.uk>
wrote:

>
> Well, the law determines which part of a contract are actually binding;
> so whether the choice of law clause actually means anything at all,
> depends on the jurisdiction in which the law is being judged. Having
> said this, I think your lawyers are right. The choice of law clause is
> generally horrible.


I guess you mean "choice of jurisdiction"?  It may be horrible, but (IANL)
a contract without a jurisdiction seems pretty useless.  And I'm guessing
that the federal gov't is not in the business of enforcing contract -
that's a matter for states and/or more local jurisdictions.  Just a guess.
 In any case, if not NY, then where?

Op said:  1. "This Agreement is governed by the laws of the State of New
York". Not acceptable: The federal government cannot agree to be bound by
state law.

That sounds patently absurd (so its probably true).  Surely it happens all
the time, since federal law cannot possibly cover everything.  I'm pretty
sure federal agents must obey local traffic laws.  And I doubt that the
feds get a pass on code when they contract with somebody to construct a
building in Chicago - local inspectors get to decide if the plumbing is
hunky-dory.

I'm guessing the lawyer involved is trying to prove his/her worth, which,
for a lawyer, means finding problems.

-Gregg

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