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7 Non-Contractual Obligations

Adrian Briggs

From: Private International Law in English Courts 2e (2nd Edition)

Prof Adrian Briggs

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 15 April 2024

Tort/delict — Applicable law to non-contractual obligations — Culpa in Contrahendo — Negotiorum Gestio — Public policy and non-contractual obligations — Scope of the law applicable under the Rome II Regulation — Environmental damage — Product liability — Unfair competition — Unjust enrichment

This chapter deals with the conflict of laws rules for non-contractual obligations and for issues associated with non-contractual obligations. It traces the development of the law from the common law rule requiring ‘double actionability’, with more recent exceptions, via the Private International Law (Miscellaneous Provisions) Act 1995, to the law established by the retained EU Regulation, known as Rome II, for non-contractual obligations in civil and commercial matters. It assesses the definitional complexity of ‘non-contractual obligation’ as a term of art in a retained EU Regulation and considers its relationship or overlap with contractual obligations, and its relevance to claims to recover property. It examines the conflicts rules established by the Rome II Regulation for general cases and specific contexts, the issues to which the lex delicti applies, and the circumstances in which it may be overridden by laws from systems which do not govern the obligation in question. It concludes by dealing with issues, and with the torts and other matters, for which the Rome II Regulation does not purport to identify the applicable law.

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