Choice of Jurisdiction vs. Choice of Law: An Analysis of the Double Liability Rule in Inter-State Conflict of Laws in Nigeria
Studied by 0 people
Learn
Practice Test
Spaced Repetition
Match
Flashcards1/8
Earn XP
Name | Mastery | Learn | Test | Matching | Spaced |
|---|
No study sessions yet.
9 Terms
Conflict of Laws
Area of law that seeks to answer questions of choice of law, choice of jurisdiction, and the recognition and enforcement of foreign judgments.
Choice of Law
The question of what law a court will apply to a case.
Choice of Jurisdiction
The question of which court is best suited to adjudicate a matter with a foreign element.
Double Liability Rule
A rule requiring that for a court to hear a tort committed abroad, the wrong must be actionable under the law of the forum (lex fori) and not justifiable under the law of the place where it occurred (lex loci delicti commissi).
Lex Fori
The law of the forum or the court hearing the case.
Lex Loci Delicti Commissi
The law of the place where the tort was committed.
Phillips v Eyre
Case that established the Double Liability Rule.
Boys v Chaplin
Case that introduced a flexibility approach, allowing the court to displace lex loci delicti where another law has a stronger connection to the case.
1995 Private International Law Act
Act that formally abolished the first leg of the double liability rule in most cases in England, replacing it with a general rule favoring lex loci delicti.