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Account holders sue PayPal for allegedly withholding account funds

JURIST

Plaintiffs also alleged the tort of conversion, breach of contract, breach of fiduciary duty, and unjust enrichment. PayPal also allegedly violated the Electronic Funds Transfer Act and the California Business & Professions Code.

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CJEU Rules on jurisdiction in actions brought by the injured party against the insurer and the insured (BT v Seguros Catalana Occidente, EB, Case C-708/20)

Conflict of Laws

Two main scenarios are taken into account. The insurance company of the immovable property was Spanish, and the insured/owner of the premises where the accident occurred, and who previously entered into an accommodation contract allowing the stay of the injured party, was domiciled in Ireland.

Tort 98
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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

1] Dr Penasthika’s monograph (‘the monograph’) [2] is one such work that deserves attention for its compelling and comprehensive account of choice of law in international commercial contracts in Indonesia. Chapter Two of this work proceeds to discuss choice of law in international commercial contracts in a global context.

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Out Now: Bizer on Violations of Personality Rights on Social Media

Conflict of Laws

As far as questions of contract law are concerned, Bizer rightly puts an emphasis on the fact that social media platforms often involve a triangle (or pyramid) of contractual relationships between the hosts and at least two users. Concerning tort law, Bizer is generally critical of the existing legal framework under Art. 4(3) Rome I.

Tort 52
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States Expand Non-Disclosure Bans For Workplace Discrimination

The Crime Report

The expansion comes following years of reform introducing restrictions that prevent companies from creating contracts that restrict victims of sexual misconduct or harassment from coming forward.

Tort 45
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“Other Appropriate Connections”: China’s Newly Adopted Jurisdiction Ground

Conflict of Laws

Paragraph 1 of Article 276 lists six jurisdiction grounds, including the place of contract formation, place of contract performance, place of the subject matter, place of distrainable property, place of tort, and place of representative offices.

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Overview of the 2023 Amendments to Chinese Civil Procedure Law

Conflict of Laws

Further, the new CPL introduces “the place of torts committed within the territory of China” as a new connecting factor for jurisdiction. This could facilitate the recognition and enforcement of Chinese judgments abroad, especially among Convention contracting states. 5) It is more convenient for a foreign court to hear the case.