Abstract

Abstract In this chapter, the rules of the conflict of laws for non-contractual obligations are examined, and explained. The chapter starts with a survey of English, and other, approaches to the conflict of laws rules for torts, and explains how none of them seems to be satisfactory. The Private International Law (Miscellaneous Provisions) Act 1995 is briefly mentioned, and its rules for finding the applicable law viewed favourably. The retained Rome II Regulation is then examined in relation to torts and to unjust enrichment, negotiorum gestio and culpa in contrahendo. The real difficulties created by a conflicts rule which uses the place where the damage occurred are exposed. Some solutions are proposed, but the rule is assessed to be one which has not worked as well as might have been hoped for. The approach to concurrent contractual and non-contractual obligations is shown to be rational and advantageous.

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