Reference no: EM131447348
Topic: Conflict of tort laws international.
Outline:
1. Introduction
. International law- rules and regulations governing interactions between states
Ø . Choice of rules for Tort is towards selecting the lex cause to be able to find out the nature and scope of judicial remedy to claim damages.
Ø . Resolving a tort case on more than one jurisdiction has not been easy
Ø Case: Need for Reform on both sides of the Tasman.
Ø Purpose
· To discuss the Australian court latest methods to solve a tort case
· To find out a way forward for Australian and New Zealand courts in the area
2. Discussion/ Body
Ø Reference on North American jurisprudence in the area
Ø Apply law of place of wrong as the choice of law rule
3. Discuss the Philips v Eyre approach
Ø In order to bring an action in one country for a wrong done abroad, the wrong must be of a character that it would make it actionable if committed in the country where the action is brought.
4. Discuss the law of forum
Ø It should recognize the action for it to proceed in a jurisdiction
5. Flexibility- other approaches
Ø Proper law of the Tort
Ø Interest analysis
6. Conclusion
Ø Law of place of wrong is only law to applicable in torts in relation to international torts.
Ø High court of Australia rejected double action ability.
Ø New Zealand still use law of double action ability but should too reject the approach and adopt the law of place of wrong.
Ø Law of forum is not required to provide recovery of any matter as a start up in jurisdiction.
Ø Australian High court should adopt a flexible exception.
My paper should be a minimum of 21 pages.
I need a good summary paper beside the work.
Please use Microsoft Word.
Please use 12-point Times New Roman as your font for all type in your text (8 point for footnotes).
Please double space pages with 1-inch margins.
Indent the first line of each paragraph using a tab, not the space bar.
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