29 Dec

CONFLICT 1.1 GENERAL INTRODUCTION

INTRODUCTION: :: A conflict of laws situation arises where a civil case before the forum court has a foreign element. Maybe one of the parties is a foreigner or the facts occurred in a foreign territory. In essence, the case is amenable to more than one law. :: Due to global interaction among peoples, (of […]

29 Dec

CONFLICT 1.2 NATURE AND AIMS OF THE COURSE

WHAT EXACTLY IS THE NATURE/AIM OF THIS COURSE? :: The crux of this course lies in choosing from a number of potentially applicable laws. As noted above, a Conflict of Laws situation arises where a civil[1] case before the court has a foreign element. The courts would then have to widen their horizon beyond the […]

29 Dec

CONFLICT 1.3 CHOICE OF LAW

QUESTION OF CHOICE OF LAW. Remember that the court first asks; can we assume jurisdiction? Where the matter falls (substantially and procedurally) within the competence of the court, it can assume jurisdiction. After it has assumed jurisdiction, then it moves to the second question: what law should apply? The court has to choose the most […]

29 Dec

CONFLICT 1.4 TORT IN THE CONFLICT OF LAWS

TORT IN THE CONFLICT OF LAWS. :: For an action to lie in England for a wrong alleged to have been committed abroad The wrong must be of such a character that it would have been actionable if it had been committed in the local jurisdiction. AND The act must not have been justifiable by […]

29 Dec

CONFLICT 1.5 LIMITS TO THE APPLICATION OF OTHERWISE APPLICABLE LAWS

LIMIT TO THE APPLICATION OF FOREIGN LAWS. Just as the topic sounds… Where foreign law would not apply to govern a case. Non-choice areas. Exclusion of Foreign Laws. NON-CHOICE AREAS Areas where the forum law[1] rather than foreign law would apply. They include: Matrimonial causes. (Divorce, nullity, separation, maintenance). Guardianship, custody and adoption cases. Admiralty […]

29 Dec

CONFLICT 1.6 PERSONAL CONNECTING FACTORS

PERSONAL CONNECTING FACTORS. Many are of the view that the law of the country/place where the parties have a substantial connection with should apply. This is known as personal law. It follows a man wherever he goes. Personal connecting factors include: Domicile (applied in England and many other common-law countries like Nigeria). Nationality (applied in […]

29 Dec

CONFLICT 1.7 MORE DISCUSSIONS ON MARRIAGE

MORE DISCUSSION ON MARRIAGE. :: A marriage may be valid or invalid. :: An invalid marriage may either be void or voidable. :: In the eyes of the law, a void marriage is regarded as though it never occurred in the first place. For example where the parties are within the prohibited degrees of consanguinity […]