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Conflict of Laws · Unit 4

Conflict of Laws exam question: Explain the theories on the choice

The question (12 marks)

Explain the theories on the choice of law in tort, state the rule of double actionability with decided cases, and critically evaluate it. (12 marks)

MU Module IV, choice of law in tort; pack ch. 04 §§7-8.

Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.

It tests Unit 4 · Applicable Law — Contracts and Commercial Matters of Conflict of Laws.

Authorities you will need

  • Phillips v. Eyre, Willes J.
  • The Halley, Privy Council
  • Machado v. Fontes
  • Boys v. Chaplin, House of Lords

How an answer is marked

A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.