CONFLICTS OF LAW

Question 1

What is conflict of law?

Answer 1

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.

Question 2

Two types of conflicts of law

Answer 2

• Private International Law: Conflicts between two nations.

- Internal Conflict of Law: Conflicts inside a nation.

Question 3

When does English Law apply?

Answer 3

• 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

Question 4

Cole v Cole

Answer 4

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.

Question 5

Savage v Mcfoy

Answer 5

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.

Question 6

Fonseca v Passman

Answer 6

Similar principle to Savage v Macfoy