CONFLICTS OF LAW Flashcards
What is conflict of law?
Conflict of Law, also known as private international law, is a situation whereby there is an opposition or conflict between two existing applicable laws in a state or different jurisdictions.
Two types of conflicts of law
- Private International Law: Conflicts between two nations.
- Internal Conflict of Law: Conflicts inside a nation.
When does English Law apply?
- When both parties agree that the transaction should be governed by English Law
- When the transaction is unknown to customary law.
- When it is deemed that the party relying on customary law had agreed that the transaction should be governed by English Law
Cole v Cole
John William Cole is a native of Lagos State, he married Mary J Cole, they had a son Alfred… This is a case of marriage and succession. The court held that where a native is married under Christian rites, on his death intestate the English law will govern and would prevail over the customary law of his community.
Savage v Mcfoy
In this case Claudius Macfoy is a native of Freetown Sierra Leone. He settled in Lagos as a non native and married the plaintiff under native law and custom. The court held that Macfoy as non Nigerian lacked capacity to contract a marriage under native and customary law, and the marriage was said to be invalid.
Fonseca v Passman
Similar principle to Savage v Macfoy
