WHAT LAW GOVERNS THE VALIDITY OF A CONTRACT.

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    • Abstract:
      This article discusses the validity of a contract under a law. A new point was raised by the case of Bank of Africa v. Cohen. In this case a married woman in England had given a power of attorney to transfer her land in the Transvaal to the plaintiff bank, as security for advances thereafter made to her husband. By the English law she was capable of contracting or transferring land. By the law of the Transvaal she could transfer or contract to transfer the land as surety for her husband only if she had some pecuniary interest in the transaction or expressly waived the benefit of the law which protected her; which was not the case here.