DR Which laws apply?

Question 1

Contract - which laws apply?

Answer 1

1. Parties’ choice
2. Articles 4(1)(a)-(h) - seller’s residence / service provider’s residence
3. Characteristic performer’s residence
4. Manifestly more closely related

Question 2

Tort - which laws apply?

Answer 2

1. Parties’ choice
2. Both live in same country
3. Where DAMAGE occurred
4. Manifestly more closely connected

Question 3

Conflict of laws UK

Answer 3

1. Exclusive jurisdiction
2. Jurisdiction clauses / agreements
3. Submission

If none of the above apply, the general rule is that the person domiciled in part of the UK should be sued in the courts of that part (e.g., Defendant’s domicile)

Question 4

Additional jurisdiction

Answer 4

• Contract matters = place of performance of obligation
• Tort = where harmful event occurred
• Branch = where branch is situated
• Multiple defendants = where any one of them are situated
• Counterclaim = where this is pending