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Double Actionability
Double actionability is a doctrine of private international law which holds that an action for an alleged tort committed in a foreign jurisdiction can be successful in a domestic court only if it would be actionable under both the laws of the home jurisdiction and the foreign jurisdiction. The rule originated in the controversial case of '' Phillips v Eyre'' (1870) LR 6 QB 1. The rule is no longer used in Canadian law and instead the ''lex loci delicti'' rule is used. Likewise, the rule no longer forms part of Australian law which also uses the ''lex loci delicti'' rule. This rule holds that the applicable law for a tort committed in a foreign place will be the tort law of the foreign place. The rule was abolished in New Zealand tort law by section 10 of the Private International Law (Choice of Law in Tort) Act 2017. The rule has largely been abandoned in English law by virtue of section 10 of the Private International Law (Miscellaneous Provisions) Act 1995, although defamati ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Private International Law
Conflict of laws (also called private international law) is the set of rules or laws a jurisdiction applies to a case, transaction, or other occurrence that has connections to more than one jurisdiction. This body of law deals with three broad topics: ''jurisdiction'', rules regarding when it is appropriate for a court to hear such a case; ''foreign judgments'', dealing with the rules by which a court in one jurisdiction mandates compliance with a ruling of a court in another jurisdiction; and ''choice of law'', which addresses the question of which substantive laws will be applied in such a case. These issues can arise in any Private law, private-law context, but they are especially prevalent in contract law and tort law. Scope and terminology The term ''conflict of laws'' is primarily used in the United States and Canada, though it has also come into use in the United Kingdom. Elsewhere, the term ''private international law'' is commonly used. Some scholars from countries th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tort
A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable by the state. While criminal law aims to punish individuals who commit crimes, tort law aims to compensate individuals who suffer harm as a result of the actions of others. Some wrongful acts, such as assault and battery, can result in both a civil lawsuit and a criminal prosecution in countries where the civil and criminal legal systems are separate. Tort law may also be contrasted with contract law, which provides civil remedies after breach of a duty that arises from a contract. Obligations in both tort and criminal law are more fundamental and are imposed regardless of whether the parties have a contract. While tort law in civil law jurisdictions largely derives from Roman law, common law jurisdictions derive their tort law from cus ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Phillips V Eyre
''Phillips v Eyre'' (1870) LR 6 QB 1 is an English decision on the conflict of laws in tort. The Court developed a two limbed test for determining whether a tort occurring outside of the court's jurisdiction can be actionable. In time this came to be referred to as the "dual-actionability test" (or " double actionability test"). Facts Edward John Eyre had been the governor of Jamaica during the Morant Bay Rebellion. As governor he ordered a forceful response, which led to the deaths of numerous Jamaicans and the arrest and the summary execution of various political figures, whom Eyre believed to be instigators of the uprising. At the end of his term as governor, the colonial assembly had passed an Act of Indemnity covering all acts done in good faith to suppress the rebellion after the proclamation of martial law. When he returned to England, several Jamaicans sued him for trespass to the person and false imprisonment in the Courts of England. Peter Handford described the b ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canadian Law
The legal system of Canada is Legal pluralism, pluralist: its foundations lie in the English common law system (inherited from its period as a colony of the British Empire), the Napoleonic Code, French civil law system (inherited from its New France, French Empire past), and Canadian Indigenous law, Indigenous law systems developed by the various Indigenous peoples of Canada, Indigenous Nations. The Constitution of Canada is the supreme law of the country, and consists of written text and unwritten conventions. The ''Constitution Act, 1867'' (known as the British North America Acts, British North America Act prior to 1982), affirmed governance based on parliamentary precedent and divided powers between the federal and provincial governments. The Statute of Westminster 1931 granted full autonomy, and the ''Constitution Act, 1982'' ended all legislative ties to Britain, as well as adding a constitutional amending formula and the ''Canadian Charter of Rights and Freedoms''. The ''Cha ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lex Loci Delicti
In conflict of laws, the term ''lex loci'' (Latin for "the law of the place") is a shorthand version of the choice of law rules that determine the ''lex causae'' (the laws chosen to decide a case).''Black's Law Dictionary'' abridged Sixth Edition (1991), p. 630. General principles When a case comes before a court, if the main features of the case (particularly the parties and the causes of action) are local, the court will then apply the ''lex fori'', the prevailing municipal law, to decide the case. However, if there are "foreign" elements to the case, the court may then be obliged, under conflict of laws, to consider whether it has jurisdiction to hear the case (see forum shopping). The court must then characterise the issues to allocate the factual basis of the case to its relevant legal classes. The court may then be required to apply the choice of law rules to decide the ''lex causae'', the law to be applied to each cause of action. Relevant rules include the following. ''Lex ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Australian Law
The legal system of Australia has multiple forms. It includes a written constitution, unwritten constitutional conventions, statutes, regulations, and the judicially determined common law system. Its legal institutions and traditions are substantially derived from that of the English legal system. Australia is a common-law jurisdiction, its court system having originated in the common law system of English law. The country's common law is the same across the states and territories (subject to augmentation by statutes).. The Australian Constitution sets out a federal system of government. There exists a national legislature, with a power to pass laws of overriding force on a number of express topics. The States are separate jurisdictions with their own system of courts and parliaments, and are vested with plenary power. Some Australian territories such as the Northern Territory and the Australian Capital Territory have been granted a regional legislature by the Commonwealth. Th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John Pfeiffer Pty Ltd V Rogerson
John is a common English name and surname: * John (given name) * John (surname) John may also refer to: New Testament Works * Gospel of John, a title often shortened to John * First Epistle of John, often shortened to 1 John * Second Epistle of John, often shortened to 2 John * Third Epistle of John, often shortened to 3 John People * John the Baptist (died c. AD 30), regarded as a prophet and the forerunner of Jesus Christ * John the Apostle (lived c. AD 30), one of the twelve apostles of Jesus * John the Evangelist, assigned author of the Fourth Gospel, once identified with the Apostle * John of Patmos, also known as John the Divine or John the Revelator, the author of the Book of Revelation, once identified with the Apostle * John the Presbyter, a figure either identified with or distinguished from the Apostle, the Evangelist and John of Patmos Other people with the given name Religious figures * John, father of Andrew the Apostle and Saint Peter * Pope John ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Private International Law (Miscellaneous Provisions) Act 1995
The Private International Law (Miscellaneous Provisions) Act 1995 (c 42) is an Act of the Parliament of the United Kingdom. The Act is made up of several parts. The three principal parts regulate: * Interest on judgment debts and arbitral awards * Validity of marriages under a law which permits polygamy * Choice of law in tort and delict Interest The first part inserts a new provision into the Administration of Justice Act 1970 and the County Courts Act 1984 permitting interest to be awarded by the courts on judgments issued in a currency other than sterling, and then updates the relevant section which relate to equivalent provisions in the Arbitration Act 1950 for arbitration awards. Polygamous marriages Section 5(1) affirms that: Section 6 gives the section retroactive effect, and section 7 applies equivalent provisions to Scotland. Section 8(1) confirms that "Nothing in this Part affects any law or custom relating to the marriage of members of the Royal Family." Cho ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Defamation Law
Modern libel and slander laws in many countries are originally descended from English defamation law. The history of defamation law in England is somewhat obscure; civil actions for damages seem to have been relatively frequent as far back as the Statute of Gloucester in the reign of Edward I (1272–1307). The law of libel emerged during the reign of James I (1603–1625) under Attorney General Edward Coke who started a series of libel prosecutions. Scholars frequently attribute strict English defamation law to James I's outlawing of duelling. From that time, both the criminal and civil remedies have been found in full operation. English law allows actions for libel to be brought in the High Court for any published statements which are alleged to defame a named or identifiable individual in a manner which causes them loss in their trade or profession, or damages their reputation. Allowable defences are justification, fair comment, and privilege. A defamatory statement is presu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Boys V Chaplin
''Boys v Chaplin'' 971AC 356 is a leading conflict of laws case decided by the House of Lords. Facts The plaintiff, a passenger on a motorcycle, was injured through the negligence of the defendant whose car had hit the motorcycle. The plaintiff and defendant were British soldiers stationed in Malta. David Boys was run into by a motor car driven by Richard Chaplin. He was serving in the Royal Naval Air Squadron and was also stationed in Malta at the time. David Boys was badly injured. He had a fractured skull and was unconscious for three days. The right side of his face was crushed. He was taken to the Royal Naval Hospital in Malta. He was there for about six weeks. Then he was brought back to England on 19 September 1963, and taken to the Royal Air Force Hospital at Wroughton in Wiltshire. He was there for over six months, until 7 April 1964. Then he was an out-patient for two months. Eventually on 5 June 1964, owing to his injuries, he was discharged from the Royal Air Force. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Red Sea Insurance V Bouygues SA
''Red Sea Insurance Co Ltd v Bouygues SA'' 9951 AC 190 is a judicial decision of the Privy Council relating to choice of law in tort. The case was an appeal from the decision of the Court of Appeal of Hong Kong, but as the case was decided in Hong Kong pursuant to the English Law Ordinance, section 3(1), it is also taken to be an authoritative statement of English law. Facts Bouygues SA together with nine other co-plaintiffs made a claim under a policy of insurance against Red Sea Insurance Co Ltd. Red Sea Insurance was an insurance company incorporated in Hong Kong, but with its head office located in Saudi Arabia. In its counterclaim Red Sea Insurance alleged that one of the co-plaintiffs, PCG, negligently supplied faulty pre-cast concrete building units, and that if it was liable at all, Red Sea Insurance would be subrogated to the claims of the other co-plaintiffs against PCG. PCG applied to strike out that counterclaim. Red Sea then amended its pleading and claime ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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