non contractual obls- rome 2 Flashcards
delict 3 sets of rules
rome 2
common law
private international law
mcelroy v mc allister
common law delict
choice of law rule is one of double action ability/ double delict
this is were the delict is governed both by the lex loci delicti AND the lex foria
lot less in damages in uk then nz result was that English law did not recognise the sanction
=boys v chaplin
common law delict
the proper law exception
car crash. both stationed in malta. but both English. English law app.
private international law 1995 act delict
s. 11 abolished the double delciti rule and replaced with gen lex loci delict particular prov for damage and personal injury
s. 12 gen rule to be displaced if law of other contry more app
a. 13not apply to defamations
BEEN SUPERSEEDED BY ROME 2
homawoo v gmf assurance
most of the law app on delict is contained in rome 2 this reg applies to events AFTER 2009
rome 2 reg genral matters
the reg prov apply to conflicts between the laws of the countries in uk
it has universal app (art3)
RENVOI is excluded (art24)
APPLIES TO NON CONTRACTUAL OBLS ART 2
ART 1 ROME 2
Subject matter and scope characterisarion of dleictual = automous interpretation various non contractual family mat property negotiable instruments trusts nuclear damage defamation
art 4 ROME2
law in which the damage occur (lex loci damni
exception is law of common habitual residence
escape claus: manifest closer connection
lazar v allianz spa
lex loci damni
A diesd as a result of an accident
accident happened in Italy. Romnaian father wanted to claim damages for phycologoical injury
4(1) app if direct damage it or roman law ap
BUT 17 (1) app INDIRECT DAMAGE AND ONLY ITAL LAW APP held INDIRECT DAMAGE
boys v chaplin
b+c were in car accidenr 4(2) EXCEPTION B+C BOTH HAVE A RESIDENTIAL HOME OF uk SO uk LAW CAN APPLY
(take into account how much health care ect will cost to quantify damages)
special delict situaltion
5.product liability
6.unfair competiotn
7environmental damage
8ip rights
.9industrial action
article 5
product liability
marketing
to raise action must be advertise in habitual residence
in failing that country it was acquired if it wss marketed
subjecti to 4(2) ie if they are more closly connected in another way that will take prescendence
art 7
special juristicaion
determined by 4(1) unless the person decides to base claim in the country where the damage occurs
bier
apply recital 24
applicable law 7
choice of law sustained by the person who sustained the damage French/ Netherlands juristiction
