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Monash University

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Conflict of laws

  • LAW4156
  • Not offered in 2013
  • 6 points, SCA Band 3, 0.125 EFTSL
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This unit looks at the principles that the Australian courts apply to civil cases in which not all facts are linked to a single jurisdiction. There may be links to foreign countries or to more than one Australian jurisdiction. The main questions considered in this unit are: when do the Australian courts assume jurisdiction in civil and commercial cases involving a foreign element? when can foreign judgments in civil and commercial matters be enforced in Australia? what are the general principles of choosing the applicable law in cases involving a foreign element? what are the specific rules of choosing the applicable law for contract, tort and marriage? what are the theories underlying... -- Course Website

Prerequisites: LAW1100 OR LAW1101 and LAW1102 or LAW1104; LAW2100 or LAW2101 and LAW2102



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