International Private Law Practice Exam Questions And Answers Graded A+.
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Module
PRIVATE LAW
Institution
PRIVATE LAW
Lex Fori - correct answer The domestic law of the place where the court action is being held
Lex causae - correct answer is the law which governs the dispute (this is often, but not necessarily, foreign),...
Lex Fori - correct answer The domestic law of the place where the court action
is being held
Lex causae - correct answer is the law which governs the dispute (this is often,
but not necessarily, foreign), this happens when a domestic court applies the law of another jurisdiction
in order to resolve a dispute
Lex loci delicti - correct answer Law of the place where the delict was
committed
Lex situs - correct answer Law of the place where the property is situated
Jurisdiction - correct answer Rules indicating the basis for Scottish courts to
hear legal action which contains non-Scottish elements
Applicable Law - correct answer Scottish courts have to decide what the
relevant legal system is
Recognition and Enforcement of Foreign Judgements - correct answer These
rules allow the Scottish courts to recognise judgements given by other countries
Lex loci celebrationis - correct answer Formal validity of a marriage is governed
by the law of its place of celebration
Real rights in property - correct answer Governed by the lex situs (the place
where the property is situated)
The two elements of legal category and jurisdiction - correct answer Legal
category and connecting factor
,Legal cateogory - correct answer What part of the law applies eg is it contract
or delict etc
Connecting factor - correct answer What connects the action to the legal
system eg where the thing giving rise to the action occurred
How is the law categorised - correct answer Usually using the lex fori (domestic
law where the action is taking place). Occasionally legislation may specify.
Metal Industries (Salvage) Ltd v Owners of the ST Harle - correct answer Ship
was docked in Scotland and sold, the question was who was entitled to the proceeds of the sale. French
government claimed that it was entitled to some of the money because the owner of the ship had been
in arrears in paying social security. The court did not allow this claim because the Scottish courts will not
uphold the revenue law of another country
How is the distinction between moveable and immoveable property made - correct answer
Lex situs
Renvoi - correct answer Means that the court will apply the foreign countries
IPL laws but the general approach is that Scottish courts look to a countries internal laws and so ignore
IPL
Substance - correct answer Governed by the lex causae
Procedure - correct answer Governed by the lex fori
Re Fuld's Estate - correct answer IPL rules state that the Scottish courts will
apply Scottish evidence rules but this has been changed by EU law and so evidence is now to be treated
as procedure and so is to be governed by the lex fori
EU IPL - correct answer Where EU law governs IPL, then the EU laws of
categorisation have to be applied
,Quantification of damages - correct answer Lex fori
Kohnke v Karger - correct answer Woman was involved in a traffic accident in
Paris, she raised an action in France against the lorry driver and the french court awarded her a sum, she
then raised a second action in England against the driver of the car. Held that they applied the English
law for the quantification of damages and so she was awarded a larger sum but it was held that because
she had already received an award she could only recover the balance of the two sums of money (the
amount she had already received had to be deducted from the amount)
Harding v Wealands - correct answer Accident in Australia where the man
suffered catastrophic injury, he raised an action in England, it was argued that the amount he could
recover should be decided based on the law of New South Wales where the accident occurred but the
English courts held that the English law was to be applied
Rome 1 and Rome 2 Regulations - correct answer Deal with the applicable law
in contract and delict and state that the quantification of damages is to be dealt with using the lex
causae
Prescription and Limitation - correct answer Treated as part of the lex causae
as long as there are no objections on the grounds of public policy.
Miliangos v George Frank (Textiles) and Commerzbank AG v Large - correct answer
Courts can give judgements in an appropriate foreign currency.
Foreign law as a question of fact - correct answer The law is treated as a fact
and so must be averred and proved by the party seeking to use it in their pleading, if this is not done
then the Scottish law will apply
Pryde v Proctor and Gamble - correct answer Accident in England but the
parties failed to state that the English law applied and so in the absence of the issue being raised in the
written pleadings, Scots law applied
Bonnor v Balfour Kilpatrick - correct answer Pleadings made no mention of the
law of Oman and so the Scottish courts applied Scots law
, How can foreign law be proven - correct answer Admission, remit to a foreign
lawyer or expert evidence
SNO. v Thomson's Executor - correct answer Scottish judge had to decide the
case based on the law of Sweden but each side had different experts who gave conflicting evidence as to
what the relevant rules are. The Scottish judge had to decide between the two experts
Bumper Developments v Commissioner of the Police for the Metropolis - correct answer
Concerned the law of India, question was whether an idle could be regarded as a party to an action in
the English courts, parties led experts who disagreed. Judge outlined the general approach, where there
is conflict the court has to decide what expert evidence it is going to follow, it is still not considered to
have knowledge of the law.
British Law Ascertainment Act 1859 - correct answer Extended by the Foreign
Jurisdiction Act 1890 and means that any court from one of the commonwealth countries can remit a
question relating to the law of another dominion to the superior court in that country
Duke of Wellington's Executor - correct answer Concerned the law of trusts,
question of Scots law but it had started in the English courts, the court requested the opinion if the inner
house of the court of session
When will Scottish courts refuse to apply a foreign legal rule - correct answer If
the rule is contrary to public policy in relation to Scottish IPL
Loucks v Standard Oil - correct answer The courts are not free to refuse to
enforce a foreign law unless it would violate some fundamental principle of justice
Knight v Wedderburn - correct answer Man arrived from Jamaica and brought
with him his slave, under Jamaican law it is legal to have a slave, it was held in the Scottish courts that to
recognise this Jamaican law would be contrary to public policy and so the law of Jamaica was not
applied
Oppenheimer v Cattermole - correct answer Question concerned if the man
was a German citizen or not. He had been a German citizen but under Nazi law had been expelled and
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