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, SolicitorEdited By: Sir Peter North CBE, QC, MA, DCL, FBA
James J Fawcett, Janeen M CarruthersEdited By: Sir Peter North (Consultant Editor)
- 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...