LAWS3007 Lecture Notes - Lecture 2: Transport Accident Commission, Ian Callinan, Lex Loci Rei Sitae
Document Summary
Choice of law introduction to methodology and issues. A conflict of laws occurs when two or more legal systems could apply to the case and their application would possibly lead to different results. Macmillan v bishopsgate [1996]: classify the question on which parties join issue and not the cause of action that the plaintiff relies on: macmillan v bishopsgate [1996], sweedman v transport accident. Commission (2006) ( substantial issues in dispute ): categories of classification are not fixed and can be developed by applying existing principles (macmillan v bishopsgate [1996]). Estate disposition depended on the order in which two people killed simultaneously in an air raid was treated. English law: younger deemed to survive elder. Indemnity claim by insurer against employer under wca (nsw) for payment made to employee in respect of care crash in vic while on way to work in nsw. Ny company shares held in trust under english law.
