Remove Contract Law Remove Litigating Remove Tort
article thumbnail

Now or Then? The Temporal Aspects of Choice-of-Law Clauses

Conflict of Laws

courts interpret choice-of-law clauses. That paper contains a detailed discussion of the most common interpretive issues—whether the clause selects the tort laws of the chosen jurisdiction in addition to its contract laws, for example—that arise in litigation. I argued for the laws at the time of litigation.

Laws 52
article thumbnail

Court endorses private Section 1983 enforcement of spending clause enactments

SCOTUSBlog

Second, the court regards Section 1983 as a tort claim, making HHC’s focus on 19th-century contract law “perplexing;” contract principles should not displace Section 1983’s “’species of tort liability.’” She elaborated on three points from the majority opinion.

Statute 101
Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Trending Sources

article thumbnail

Global Value Chains and Transnational Private Law Workshop at Edinburgh Law School – Report

Conflict of Laws

He illustrated the procedural mechanisms in the UK that are available for mass tort litigation of this kind and suggested that the Group Litigation Order (GLO) would be the appropriate mechanism in the majority of cases of mass tort litigation. Finally, he suggested examining the Okpabi case to see how GLOs work.

article thumbnail

Review of E Aristova, Tort Litigation Against Transnational Corporations: The Challenge of Jurisdiction in English Courts, Oxford: Oxford University Press, 2024, 352 pp, hb ÂŁ125

Conflict of Laws

The book is particularly notable for its observation—citing Professor Robert McCorquodale—that FDL claims intersect with various fields of law, such as domestic criminal law, tort law, contract law, human rights and constitutional law, comparative law, public international law, and private international law.

Tort 64
article thumbnail

A day in the life of a future trainee associate

SimplyLawJobs

Exploring law was my most memorable class in my first year as there was often meditation involved and exploration of topics such as finding joy in law. However, I also enjoyed my politics modules as they gave me an opportunity to experience law from creation to implementation. 7:30 am Monday is my busy day. My future .

article thumbnail

The Critical Role of Lawyers and Bar Associations in Achieving Net Zero

ClimateChange-ClimateLaw

And that has implications for tort law, contract law, and property law, because it is less clear in many ways how basic legal principles such as negligence, foreseeability, force majeure, and reasonableness will apply to particular problems.

Lawyers 126
article thumbnail

Review of: PP Penasthika, Unravelling Choice of Law in International Commercial Contracts: Indonesia as an Illustrative Case Study (The Hague: Eleven Publishers 2022)

Conflict of Laws

.’ [4] Additionally, some judges, citing Article 1338 BW in Indonesia, regard the choice of foreign law as a contractual agreement not to resolve a dispute in the Indonesian courts, and many lawyers present a contract claim as tort.