DAMAGES IN THE CONFLICT OF LAWS - THE SUBSTANCE AND PROCEDURE SPECTRUM: HARDING v WEALANDS
Author: CARRUTHERS, JANEEN M.
Source: Journal of Private International Law, Volume 1, Number 2, October 2005 , pp. 323-334(12)
Publisher: Hart Publishing
- Hart Publishing launched the Journal of Private International Law (J. Priv. Int. L.) in spring 2005. The journal covers all aspects of private international law, reflecting the role of the European Union and the Hague Conference on Private International Law in the making of private international law, in addition to the traditional role of domestic legal orders.
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Abstract:
In this article the author offers an analysis of the Court of Appeal decision in HARDING v WEALANDS [2004] All ER 280, as it relates to the so-called line between substance and procedure in the conflict of laws, and its relevance to the assessment of damages in tort and delict. The author examines the choice of law rule(s) for assessing damages in tort and delict, and in that regard, comments upon the Court of Appeal's consideration of the House of Lords decision in Boys v Chaplin (1969), the Court of Appeal decision in Roerig v Valiant Trawlers Ltd (2002), and recent Australian authorities, namely, Stevens v Head (1992), John Pfeiffer Pty Ltd v Rogerson (2000), and Regie National des Usines Renault SA v Zhang (2002).Document Type: Research article
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