Conflict of Laws - Tort

Question 1

What is Rome II?

Answer 1

Governs tortious disputes where damage occurred on or after 10 Jan 2009

Question 2

What happens if parties have not validly chosen the law under Rome II?

Answer 2

Check if common habitual residence of both parties

Question 3

What happens if no common habitual residence between parties?

Answer 3

Apply law of country where damage occurs

Question 4

What if there is a common habitual residence but the damage occurred in another country?

Answer 4

Doesn’t matter – the residing country’s law applies!

Question 5

What is manifestly more closely connected rule?

Answer 5

Again, court may displace the default position of Rome II if manifestly more closely connected with another country – although rarely used