Flexibility in conflict of laws multistate tort cases: the way forward in Australia

Gray, Anthony ORCID: https://orcid.org/0000-0001-9565-475X (2004) Flexibility in conflict of laws multistate tort cases: the way forward in Australia. University of Queensland Law Journal, 23 (2). pp. 435-463. ISSN 0083-4041

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Abstract

[Abstract]: The issue of which law to apply to resolve a tort case comprising elements from more than one jurisdiction is not an easy one to decide. Many different approaches have been tried and discarded by the courts. Some approaches provide for a general rule but include a flexible exception. Others provide for a completely flexible test. This article traces the Australian courts’ latest attempts to deal with the matter, and documents recent developments in both England and Canada. Reference is made to the vast North American jurisprudence in this area, in particular interest analysis, to suggest the way forward for Australian courts in this area, with a view to maintaining some flexibility in approach, while retaining the law of the place of the wrong as the primary test.

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Item Type:	Article (Commonwealth Reporting Category C)
Refereed:	Yes
Item Status:	Live Archive
Additional Information:	Deposited with permission of publisher.
Faculty/School / Institute/Centre:	Historic - Faculty of Business - Department of Law (Up to 31 Mar 2007)
Faculty/School / Institute/Centre:	Historic - Faculty of Business - Department of Law (Up to 31 Mar 2007)
Date Deposited:	11 Oct 2007 00:55
Last Modified:	10 Jul 2014 07:31
Uncontrolled Keywords:	conflict of laws, choice of law
Fields of Research (2008):	18 Law and Legal Studies > 1801 Law > 180117 International Trade Law 18 Law and Legal Studies > 1801 Law > 180107 Conflict of Laws (Private International Law)
Fields of Research (2020):	48 LAW AND LEGAL STUDIES > 4803 International and comparative law > 480308 International trade and investment law 48 LAW AND LEGAL STUDIES > 4803 International and comparative law > 480303 Conflict of laws (incl. private international law)
URI:	http://eprints.usq.edu.au/id/eprint/2024

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