[Download] "Remedy Issues in Multinational Tort Claims: Substance and Procedure and Choice of Law." by University of Queensland Law Journal ~ eBook PDF Kindle ePub Free

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eBook details

• Title: Remedy Issues in Multinational Tort Claims: Substance and Procedure and Choice of Law.
• Author : University of Queensland Law Journal
• Release Date : January 01, 2007
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 332 KB

Description

After a turbulent history involving many different strands of reasoning, the High Court recently adopted the law of the place of the wrong as the substantive law to be applied to both interstate (1) and international (2) torts. I have earlier expressed my general agreement with this adoption, (3) and had suggested its adoption in 1994. (4) However, while the rules regarding the law to be applied to determine conduct regulation issues (5) appear now to be settled in Australia, the rules regarding the law to be applied to determine the compensation issues (or loss distribution) appear to be less clear, at least in regards to international torts. The High Court expressly reserved the point in Regie whether kinds and quantification of damages should be governed by the law of the place of the wrong in international torts conflicts, (6) justifying a fuller examination of the issue. The focus of this article, then, will be how to determine the issue of loss distribution or compensation in a tort case involving more than one country. This article will consider possible issues that impact on liability determination in multinational tort claims. A range of possible tests the High Court might consider in future will be considered. I conclude with a recommendation that primacy be given to the law of the place of the wrong, but that some narrowly-defined flexibility is necessary.

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