730-404 Private International Law

Legal Method and Reasoning; Principles of Public Law; Torts; Legal Theory; Obligations; Contracts or in each case their equivalents.

Private International Law (sometimes called Conflict of Laws) deals with the situation where a private legal dispute litigated in a court of the forum has an international or interstate element. The subject deals with the principles in relation to three main matters. First, the circumstances when the court exercises jurisdiction. Secondly, the circumstances in which a foreign or interstate judgement will be recognised or enforced by the courts of the forum. Thirdly, the rules which govern which law should apply to the resolution of the dispute in contracts and torts. Whether the application of the relevant principles differ as between international and interstate disputes (including the role of full faith and credit), characterisation, the distinction between substance and procedure and the interpretation of the statutes of the forum, are considered in the course of dealing with the issues mentioned above. The subject also covers the non-application of foreign law on grounds of public policy.

Either research assignment not exceeding 3000 words 33.3% (due final week of semester) and a final open-book examination two hours 66.6% OR final open-book examination three hours 100%.

• Davies, Ricketson & Lindell, Conflict of Laws: Commentary and Materials. Butterworths, 1997.