Flexibility in conflict of laws multistate tort cases: the way forward in Australia
Article
Article Title | Flexibility in conflict of laws multistate tort cases: the way forward in Australia |
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ERA Journal ID | 33967 |
Article Category | Article |
Authors | |
Author | Gray, Anthony |
Journal Title | University of Queensland Law Journal |
Journal Citation | 23 (2), pp. 435-463 |
Number of Pages | 29 |
Year | 2004 |
Publisher | The University of Queensland Press |
Place of Publication | St Lucia, Australia |
ISSN | 0083-4041 |
Web Address (URL) | http://www.law.uq.edu.au/uqlj/ |
Abstract | [Abstract]: The issue of which law to apply to resolve a tort case comprising elements from more than one jurisdiction is not an easy one to decide. Many different approaches have been tried and discarded by the courts. Some approaches provide for a general rule but include a flexible exception. Others provide for a completely flexible test. This article traces the Australian courts’ latest attempts to deal with the matter, and documents recent developments in both England and Canada. Reference is made to the vast North American jurisprudence in this area, in particular interest analysis, to suggest the way forward for Australian courts in this area, with a view to maintaining some flexibility in approach, while retaining the law of the place of the wrong as the primary test. |
Keywords | conflict of laws, choice of law |
ANZSRC Field of Research 2020 | 480308. International trade and investment law |
480303. Conflict of laws (incl. private international law) | |
Public Notes | File reproduced in accordance with the copyright policy of the publisher/author. |
Byline Affiliations | Department of Law |
https://research.usq.edu.au/item/9y08w/flexibility-in-conflict-of-laws-multistate-tort-cases-the-way-forward-in-australia
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