Conflict of Laws

AUGUST 23, 2023

Very recently, Indonesian private international law has attracted significant scholarship in the English language. [1] 1] Dr Penasthika’s monograph (‘the monograph’) [2] is one such work that deserves attention for its compelling and comprehensive account of choice of law in international commercial contracts in Indonesia.

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Day on Torts

JUNE 15, 2022

Although the State had contracted with a municipality for the maintenance of a state-owned highway, the State still bore “the ultimate responsibility for inspecting and maintaining [the highway],” and “the contract did not absolve the State of potential liability for failing to do so.” The Court rejected this argument.

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Day on Torts

SEPTEMBER 22, 2021

Although plaintiff labeled his complaint as a tort claim, the gravamen of the complaint was a dispute over “the amount, time and manner of payment of plaintiff’s pension plan benefits.” After plaintiff appealed the decision, an Administrative Law Judge determined that plaintiff was in fact entitled to benefits from defendant.

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Day on Torts

SEPTEMBER 9, 2022

Defendant Wolf Tree (Wolf) filed a motion for summary judgment arguing that it owed no duty to plaintiffs because “its contract with SCES explicitly stated that it was not to prune service drops,” because “it had no statutory or common law duty,” and because “Plaintiffs could show no evidence of a negligent or intentional trespass or nuisance.”

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Conflict of Laws

SEPTEMBER 9, 2021

He notes that no conclusive finding has been made so far as to its qualification as a “matter relating to tort, delict or quasi-delict” in the sense of Article 5(3) of the Regulation (point 4). He established therefore an order of preference when it comes to the contract/tort distinction under the Regulation.

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Conflict of Laws

FEBRUARY 21, 2023

on: ‘ JUSTIFYING CONCURRENT CLAIMS IN PRIVATE INTERNATIONAL LAW ‘ Written by Sagi Peari and Marcus Teo, the article analyses whether claimants can choose between contract and tort claims arising on the same facts with different jurisdictional and/or choice-of-law consequences.

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Day on Torts

MARCH 22, 2022

8, 2022), plaintiff’s husband and step-son owned a commercial electrical contracting business. When the business was unable to finish the work project, the company for whom the work was to be done enforced its contract with plaintiff and her husband and took possession of various properties owned personally by plaintiff and her husband.

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Conflict of Laws

DECEMBER 6, 2023

She asserted claims in tort and under the Australian Consumer Law ( ACL ) in schedule 2 to the Competition and Consumer Act 2010 (Cth) ( CCA ) against companies behind the ship: Carnival plc and its subsidiary, Princess Cruise Lines Ltd (together, Princess ). The decision is significant not just for the litigants.

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Conflict of Laws

DECEMBER 21, 2023

To receive your discount on purchases of the hardback and ProView eBook versions of The European Private International Law of Obligations please visit Sweet & Maxwell’s estore and quote the discount code EPILOO23 at checkout OR call +44 (0)345 600 9355. Part Two contains what is described as “CONTRACT” based on Rome I.

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At the Lectern

MARCH 7, 2022

” The court settles a conflict in Court of Appeal case law and notes a similar divide in federal district court rulings. ” The court settles a conflict in Court of Appeal case law and notes a similar divide in federal district court rulings.

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Conflict of Laws

JANUARY 21, 2024

They are suing in tort in Ontario. Common law Canada considers that a contract made in the forum that is connected to a tort that happens elsewhere is a PCF to the forum. It is relevant here because the plaintiffs made some of the arrangements for their trip to Italy with other parties through contracts made in Ontario.

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Tort Court Contract Litigation 57

JonathanTurley

DECEMBER 24, 2020

’Tis the season for the Christmas tort. For lawyers, Christmas remains a horn-of-plenty for the practice of law. Thus, each year we gather for the posting of the annual list of Christmas torts and crimes. This false imprisonment tort however addressed by a relocation to a forest and the owl appeared entirely without counsel.

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JURIST

JANUARY 14, 2022

Plaintiffs alleged that PayPal violated racketeering laws under the federal Racketeer Influenced and Corrupt Organizations (RICO) Act. Plaintiffs also alleged the tort of conversion, breach of contract, breach of fiduciary duty, and unjust enrichment.

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Punitive Damages Tort Contract Legal 211

Conflict of Laws

DECEMBER 20, 2021

The research can be approached from the perspective of human rights law, public international law or private international law, including private law mechanisms (either in tort or in contract law). The deadline for applications is 14 February 2022 and the start date is 15 September 2022.

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Conflict of Laws

MARCH 14, 2023

This book, by Adeline Chong and Man Yip, faculty members at the Yong Pung How School of Law at the Singapore Management University, is part of the Oxford Private International Law Series. The publisher’s blurb is as follows: “There has been significant reform in Singapore private international law in recent years.

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Laws Tort Contract Legal 52

Conflict of Laws

OCTOBER 3, 2022

courts interpret choice-of-law clauses. That paper contains a detailed discussion of the most common interpretive issues—whether the clause selects the tort laws of the chosen jurisdiction in addition to its contract laws, for example—that arise in litigation. Jeff argued for the laws at the time of signing.

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Conflict of Laws

OCTOBER 23, 2023

The contracts contain an exclusive foreign jurisdiction clause nominating a non-Australian jurisdiction. Passengers, Australian and non-Australian, want relief under the Australian Consumer Law ( ACL ). They commence representative proceedings alleging breaches of consumer law, and negligence in the Federal Court of Australia.

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Laws Contract Statute Construction 57

JURIST

JUNE 2, 2022

However, Florida law waives sovereign immunity for torts, subject to exceptions. The university, therefore, asserted that the waiver only applied to explicit, written contracts.

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Court Rules Contract Court Tort 104

Conflict of Laws

MARCH 30, 2021

Since Foster v Driscoll [1929] 1 KB 470, common law courts have recognised that contracts made with the intention to commit a criminal offence in a foreign state are unenforceable, even if the contract contemplated an alternative mode or place of performance.

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Conflict of Laws

JUNE 26, 2022

265/21, the CJEU is bound to add another chapter to the never-ending story of accurately describing the scope of the head of special jurisdiction for contracts in what is today Art. Is the answer different if the defendant relies on the fact that the first contract was not a contract of sale but a contract of deposit?

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Contract Litigation Litigating Tort 52

Conflict of Laws

MAY 24, 2022

Based on a tweet by the ‘ enfant terrible of tech’, Elon Musk, Michael Douglas recently discussed ‘Conflict of Laws of Freedom of Speech on Elon Musk’s Twitter’ on this blog. Concerning tort law, Bizer is generally critical of the existing legal framework under Art. 4(3) Rome I.

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Tort Contract Contract Law Legal 52

SCOTUSBlog

JUNE 8, 2023

FNHRA, a law enacted under Congress’s spending clause powers, requires nursing facilities participating in Medicare and Medicaid to “protect and promote the rights of each resident” as a condition of receiving funds. He warned of lurking question in this area of law, which HHC failed to develop and are “for another day.”

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JonathanTurley

AUGUST 18, 2021

In my torts class, we discuss liability for the mishandling of corpses as well as torts like the intentional or negligent infliction of emotional distress related to deceased remains. The latest such example could well be a torts final hypothetical. The home finalized a $2,500 contract for the funeral. Zion Cemetery.”.

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Tort Contract Legal Legal 50

Paralegal Bootcamp

FEBRUARY 25, 2022

In my own defense, the last 25 years of my career has been dedicated to one attorney as a contracted tort litigation paralegal. Many new lawyers find that it’s one thing to acquire a law degree, but another to practice law. In that moment it occurred to me I had gravely miscalculated my training and mentoring methods.

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Conflict of Laws

JANUARY 14, 2021

Geert van Calster has just published the third edition of the book titled “European Private International Law: Commercial Litigation in the EU” with Hart. The blurb reads as follows: This classic textbook provides a thorough overview of European private international law.

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Laws Tort Contract Litigation 52

Conflict of Laws

FEBRUARY 26, 2022

Bianca Scrabak has recently published an innovative book on international jurisdiction in contract and tort under the Brussels Ia Regulation, in which she develops a comprehensive solution for cases in which Article 7(1) and 7(2) vest special jurisdiction in the courts of more than one Member State.

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Tort Contract Court Legal 52

Conflict of Laws

JANUARY 18, 2022

Following successful conferences in Bonn, Würzburg and Hamburg, please save the date for the 4th German-speaking Conference for Young Scholars in Private International Law, which will take place on 23 and 24 February 2023 at Sigmund Freud University in Vienna. The theme of the conference will be.

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Laws Tort Procedural Law Contract 52

Rocket Matter

SEPTEMBER 26, 2023

By streamlining tasks, including marketing and client communications (which any lawyer knows can take up more time than expected), law firms that leverage AI can increase their profitability and productivity. Understandably, many law firms are cautious about utilizing ChatGPT and other AI tools.

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Law Firm Law Firms Drafting Laws 96

Day on Torts

MAY 18, 2022

Plaintiff asserted various claims against defendants, including breach of contract, fraud, intentional misrepresentation, and negligence, all of which the trial court dismissed as untimely pursuant to the three-year statute of limitations applicable to claims of injuries to real property.

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Day on Torts

JUNE 21, 2022

The Court reasoned: Tennessee law has made clear that possession is not sufficient to establish a conversion, defiance of the true owner’s rights must be alleged. Note: Chapter 22 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision. internal citation omitted).

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Conflict of Laws

JANUARY 12, 2021

The third issue of the Journal of Private International Law for 2020 features the following articles: M Teo, “Public law adjudication, international uniformity and the foreign act of state doctrine” Should courts, when applying foreign law, assess the validity or legality of foreign legislative or executive acts therein?

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Laws Tort Contract Court 52

Day on Torts

OCTOBER 24, 2022

UT had a contract with Erlanger Health System (Erlanger) to provide “residents and supervising professors, as well as ‘coverage’ consisting of physicians to staff the residency clinics at Erlanger.” Note: Chapter 98, Section 4 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision.

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Tort Contract Court Statute 45

LawSites

NOVEMBER 15, 2023

It also previewed its coming integration of Casetext CoCounsel as an AI legal assistant across multiple TR products, including Westlaw Precision, Practical Law, Document Intelligence, and HighQ. As of today’s launch, the AI research tool draws only from primary law materials in Westlaw, such as cases, statutes and regulations.

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Conflict of Laws

JANUARY 20, 2022

The third issue of the Journal of Private International law for 2021 was released today. Patrick Ostendorf, “ The choice of foreign law in (predominantly) domestic contracts and the controversial quest for a genuine international element: potential for future judicial conflicts between the UK and the EU?”

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Laws Contract Legal Legal 40

Conflict of Laws

SEPTEMBER 21, 2023

Written by NIE Yuxin, Wuhan University Institute of International Law 1. Background China’s Civil Procedure Law was enacted in April 1991 by the Fourth Session of the Seventh National People’s Congress. This could facilitate the recognition and enforcement of Chinese judgments abroad, especially among Convention contracting states.

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Conflict of Laws

FEBRUARY 19, 2024

We then looked at the nature of the healthcare contract to assess whether patients can fall into the category of consumers and consequently enjoy the protection reserved to them. Climate Change Litigation and EU Private International Law: Is There Room for Collective Redress?;

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Day on Torts

MAY 13, 2022

Plaintiff fails to explain how Judge Binkley’s interpretation of the law would have been different but for an act or omission on Defendant’s part. Note: Chapter 64, Section 1 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision.

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