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Rome Ii My Approach Notes

BCL Law Notes > Conflict of Laws Notes

This is an extract of our Rome Ii My Approach document, which we sell as part of our Conflict of Laws Notes collection written by the top tier of University Of Oxford students.

The following is a more accessble plain text extract of the PDF sample above, taken from our Conflict of Laws Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

ROME II: NON-CONTRACTUAL OBLIGATIONS (MY APPROACH)

DOES THE REGULATION APPLY?

1. Does England have jurisdiction?
a) Doesn't matter whether England has jurisdiction under Brussels I or

2. 3.

4. 5.

common law Is it a non-contractual obligation? (Art 1(1)) a) Applies to torts which are likely to arise (Art 2(2)) Is it in a civil or commercial matter?
Is it excluded?
a) List of excluded items in Art 1.2 - main one being defamation When a) Homawoo - events (giving rise to damage) occurring before 12 January 2009 don't apply

6. TORT OR NOT?

1. A non-contractual obligation can be either a tort or otherwise.

2. NOT A TORT EXAMPLES i. wrongfully induced into a contract (ART 12) ii. fraud (probably go under UE so Art 10) iii. negligent misrepresentation/misstatement iv. UE (Art 10)

THE GENERAL RULE (ART 4)

1. Where the damage occurs follows Brussels I in relation to initial damage vs consequences felt elsewhere BUT

2. Briggs - he recognizes that picking the place where the damage occurs can be tricky and is open to interpretation

3. Fortress Value Recovery (HC) [2013] - Flaux J highlighted the fact that Art 4(1) itself and the case law on Art 5(3) of the Brussels Reg make it clear that

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