Conflict of Laws

Notice and Proof of Foreign Law: 1. What are the effects of failure to plead and prove foreign law? Explain. 2. Who has the burden of proving the foreign law? 3. What are the   Factors in deciding whether to apply forum law or to dismiss the case/ rule against the party who failed to prove the foreign law? Foreign Tort Claim: 1. What are the conditions for the enforcement of tort claims? 2.  What is Lex Loci Delicti? 3. What are the exceptions on Lex Loci Delicti? Explain.

Tortious liability is transitory •           The liability resulting from the conduct is “deemed personal to the perpetrator of the wrong, following him whithersoever he may go, so that compensations may be exacted from him in any proper tribunal which may obtain jurisdiction of the defendant’s person, the right to sue not being confined to the place where the cause of the action arises.” Conditions for the enforcement of tort claims •           In general, claims for damages arising from torts committed abroad may be given due course in the forum court if: The foreign tort is based on a civil action and not on a crime; The foreign tort is not contrary to the public policy of the forum; and The judicial machinery of the forum is adequate to satisfy the claim. Products liability of the foreign manufacturer •           Su...