(37) If the consumer's home state provides a statute addressing conflict of law
issues, then the court must follow those statutory provisions, (38) but if no governing statue exists, then the court must determine the lex causae based on the location of certain contacts (39) The court then assesses the relative importance of each contact with respect to COL policy considerations.
Choice of Law and Conflict of Law
Issues for Asset Protection and Estate Planning Lawyers (2215)
Unless specified, designations are assumed to refer to substantive law and not to conflict of law
If no law can be chosen by the couple, the text would introduce conflict of law
It includes: Butterworths intellectual property treatises and analytical materials, such as "Hughes on Copyright and Industrial Design," "Hughes on Trademarks" and "Halsbury's Laws of Canada; Butterworths benchmark reference treaties, including "The Law of Evidence" and "Canadian Conflict of Law
"; summaries for court and tribunal decisions, including "Canada Copyright Digest," "Canada Trade Marks Digest" and "Canada Patent Digest"; annotated statutes; forms and precedents; and, two LexisNexis newsletters, including "LexisNexis Copyright and Trade Mark NetLetter" and "LexisNexis Patent NetLetter."
Historic rules of jurisdiction provided that courts could hear suits only over persons and businesses that were present on their own territory, while rules governing "choice of law" or "conflict of law
" provided, roughly, that they could try defendants only under the law of the place where those defendants had acted.
This idea defines the purpose of conflict of law
rules as enforcing rights that have vested under the only law capable of controlling the legal consequences of conduct in a given set of circumstances.
Fifth Circuit Approach to the "Conflict of Law
and Federal Arbitration Act through conflict of law
approaches used to
HM King issues new law regarding conflict of law
regulating civil, commercial issues having foreign element.
The rule, which obtains in respect of property and civil contracts--namely, that an act, unless intended to take effect elsewhere, shall as regards its effect and incidents, if a conflict of law
arises between the lex loci and the lex fori, be governed by the former--appears to us to be applicable to the case of an act occasioning personal injury.
COMPARATIVE ANALYSIS OF PROPRIETARY RESTITUTION IN THE DOMESTIC LAW AND THE CONFLICT OF LAWS