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Part IV The Law of Obligations, Ch.19 Non-Contractual Obligations

J J Fawcett LLB, PhD, Solicitor, J M Carruthers LLB (Hons), Dip LP, PhD, Solicitor
Edited By: Sir Peter North CBE, QC, MA, DCL, FBA

From: Cheshire, North & Fawcett: Private International Law (14th Edition)

James J Fawcett, Janeen M Carruthers
Edited By: Sir Peter North (Consultant Editor)

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From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 14 July 2024

Non-contractual obligations — Scope of applicable law — Scope of the law applicable under the Rome II Regulation — Tort/delict — Culpa in Contrahendo — Negotiorum Gestio — Unjust enrichment — Rules of conduct and non-contractual obligations
English law has traditionally had separate choice of law rules for torts, restitution and equitable obligations. These rules have been largely replaced by Regulation ((EC) No 864/2007) on the law applicable to non-contractual obligations (Rome II). This chapter is primarily concerned with the Regulation but, before turning to examine this in detail, it is useful to say something about the problems involved in ascertaining the applicable law for non-contractual obligations and how English law solved these problems prior to the introduction of the Regulation. The...
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