TORT LIABILITY IN THE ANGLO-NIGERIAN AND AMERICAN CONFLICT OF LAWS
TORT LIABILITY IN THE ANGLO-NIGERIAN AND AMERICAN CONFLICT OF LAWS
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Date
1988-08
Authors
MOHAMMED, AHMED,
RUFAI
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Abstract
ABSTRACT
Torts in the Conflict of Laws has assumed
an important position all over the world in recent
times because of the rate of increase in
interaction between peoples of different legal
systems, brought about by technological developments.
In some countries, the rules towards
the solution of the issue have changed to take
care of emerging problems created by the inadequacy
of past rules in providing for them. However,
choice of law rules in commonwealth countries,
including Nigeria is not sophisticated enough
to solve the problems of conflict of tort cases
in contemporary times. The approaches of the
courts in Commonwealth countries have not only
remained rigid, conservative and absurd, but
have created an atmosphere for hibernating unfair
and absurd decisions. American courts, in
contrast, have shown their readiness to change
their attitudes in tune with the requirements
of society. This work is therefore,a study
of comparative legal approaches, as well as
judicial principles. It highlights the three
most prominent choice of law approaches in the
English speaking world; the Rule in Phillips
V. Eyre, the lex loci delicti approach and the
proper law of the tort approach, as they affect
various issues in a tort proceedings in the
Conflict of Laws.
I X ( a ) .
The research is composed of eight main chapters,
each touching on major issues in tort proceedings in
the Conflict of Laws and the mode of resolution
adopted in the Four countries under study, viz:
England, Australia, America and Nigeria.
Chapter One deals with the preliminary
issue of establishing the jurisdiction of the court
over the subject-matter and the p a r t i e s . Under the
Chapter, rules of j u r i s d i c t i o n in the Four Countries
have been examined.
Chapter two deals with the issue of c l a s s i f i c a t i on
under i t , the importance of c l a s s i f i c a t i o n of r u l e s of
law and the subject-matter
Chapter three contains an examination of the
various ways evolved for the determination of the
place of t o r t , and the importance attached to it.
Chapter Four gives an insight into the mode
of determination of the proper p l a i n t i f f and the proper
defendant to the proceeding.
Chapter Five is the Kernel of the research,
it contains a discussion of the three choice of
the law approaches in England, Australia and Nigeria,
and their practical application by the courts of those
countries.
I X ( b )o
Chapter six examines the relevance, and
d i f f i c u l t i e s pertaining the necessity to invoice
public policy reasons for purposes of excluding
foreign law from applying.
Chapter seven examines the recognised defences
available to the defendant under the three choice of
law approaches.
Chapter eight deals with the twin issues of
determining remoteness of damage, and the assessment
of damages.
Chapter nine is the concluding chapter in which
major problem areas have been re-appraised, and suggestions
made for reforming the Nigeria law.
Description
DEPARTMENT OF PRIVATE LAW
FACULTY OF LAW
A.B.U.
ZARIA
Keywords
TORT,, LIABILITY,, ANGLO-NIGERIAN,, AMERICAN,, CONFLICT,, LAWS