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8 Non-Contractual Obligations

From: Private International Law in English Courts

Adrian Briggs

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 13 August 2022

Applicable law to non-contractual obligations — Tort/delict — Scope of the law applicable under the Rome II Regulation — Public policy and non-contractual obligations — Unjust enrichment — Unfair competition — Environmental damage — Culpa in Contrahendo — Negotiorum Gestio — Industrial action — Habitual residence — Non-contractual obligations — Applicable law
8.01 The starting point is that the rules which determine the law applicable to non-contractual obligations in civil and commercial matters is Regulation 864/2007,1 the ‘Rome II Regulation’, which forms the mainstay of this chapter.2 8.02 If the non-contractual obligation arises out of events which occurred after 11 January 2009, and the obligation arises in a civil or commercial matter other than defamation or violation of privacy or rights of personality, the Rome II Regulation will apply to it. If the Rome II Regulation does not apply to it, then if the matter...
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