Conflict of Laws: Tort Flashcards
(8 cards)
Under Rome II, what is the default rule for determining the applicable law in a tort claim when the claimant and defendant do not reside in the same country and no choice has been made?
A. The law of the country where the event causing the damage occurred
B. The law of the country where the claimant resides
C. The law of the country where the defendant resides
D. The law of the country where the damage occurs
D. The law of the country where the damage occurs
Explanation:
Under Article 4(1) of Rome II, where the parties do not reside in the same country and have not agreed on applicable law, the default is the law of the place where the damage occurs — not where the act happened or indirect loss is felt.
Which of the following must be true for a pre-tort agreement on applicable law to be valid under Rome II?
A. The parties must both reside in the same country
B. The agreement must be oral and post-dated
C. The agreement must be in writing and notarised
D. The parties must both be engaged in commercial activity and have freely negotiated the choice
D. The parties must both be engaged in commercial activity and have freely negotiated the choice
Explanation:
Under Article 14, a choice of law made before the tortious event is only valid if it was freely negotiated and the parties are pursuing commercial activity.
Company A is based in England and Company B is based in France. B accidentally delivers a contaminated batch of chemicals to C (a customer of A) in Belgium, causing C financial loss. There is no agreed choice of law. Where did the damage occur for the purpose of applying Rome II?
A. England
B. Belgium
C. France
D. The EU as a whole
B. Belgium
Explanation:
The damage (the contaminated delivery) occurred in Belgium. Under Article 4(1), the applicable law is the law of the country where the direct damage occurs — not where the consequences are felt (e.g. England).
Under Rome II, when would a court apply a law other than that of the country where damage occurred, even if Article 4(1) or (2) applies?
A. If the claimant prefers a different legal system
B. If a choice-of-law clause is added during the trial
C. If the tort is manifestly more closely connected with another country
D. If the defendant requests it and resides in a Hague Convention country
C. If the tort is manifestly more closely connected with another country
Explanation:
Article 4(3) is a safety valve: even where Article 4(1) or (2) sets the applicable law, that can be displaced if the tort is “manifestly more closely connected” with another country. This is applied sparingly.
A German tourist injures a Spanish cyclist while driving in France. The tourist resides in Germany, and the cyclist lives in Spain. There is no agreement on applicable law. Which law applies to the tort claim?
A. French law
B. Spanish law
C. German law
D. EU law
A. French law
Explanation:
Under Article 4(1), the law of the country where the damage occurs applies. The accident and injuries occurred in France, so French law governs, despite the parties living elsewhere.
A UK-based software company (SoftDev Ltd) has its central administration in London. It licenses its software to a German company (Technik GmbH). Technik GmbH copies the code and sells it across the EU. SoftDev Ltd suffers lost profits in the UK. Which country’s law is likely to apply to SoftDev Ltd’s claim in tort?
A. German law
B. UK law
C. French law
D. Dutch law
A. German law
Explanation: The tort is intellectual property infringement (Rome II, not covered in depth, but still a tort). Under Article 4(1), in the absence of choice, the law of the country in which the damage occurs applies. Here, that is where the wrongful act (copying and selling) occurred — Germany. The fact that SoftDev suffers economic damage in the UK is irrelevant unless the tort is “manifestly more closely connected” elsewhere.
A French national resident in Paris is injured while skiing in Switzerland. The injury results from poorly maintained ski equipment rented from a Swiss vendor. There is no contractual choice of law. She sues in England, where the vendor has some assets. What law will the English court apply?
A. English law
B. Swiss law
C. French law
D. The law of the defendant’s domicile
B. Swiss law
Explanation: Under Article 4(1) of Rome II, the applicable law is that of the country in which the damage occurs. The injury occurred in Switzerland, so Swiss law applies
A Spanish citizen and an Italian citizen, both permanently residing in Spain, are involved in a road traffic accident in Portugal. The Spanish driver sues the Italian driver in Spain. What law applies under Rome II?
A. Portuguese law
B. Italian law
C. Spanish law
D. EU law
C. Spanish law
Explanation: Under Article 4(2), if both parties habitually reside in the same country (Spain), then Spanish law applies, even though the accident happened in Portugal.
