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Questions and Answers
According to the historical context, what is required before English law applies to a dispute between or amongst natives?
According to the historical context, what is required before English law applies to a dispute between or amongst natives?
An express agreement by the parties or the native law should not be repugnant to human rights.
What type of disputes led to the application of English law, according to the historical context?
What type of disputes led to the application of English law, according to the historical context?
Disputes that concerned both a British and a native party.
What must not be true of English law for it to be applied in disputes involving a British and native party?
What must not be true of English law for it to be applied in disputes involving a British and native party?
Unless that English Law is repugnant.
What evidence was established in the cases of Thompson v. Thompson?
What evidence was established in the cases of Thompson v. Thompson?
Under Section 54 of the Courts Act 1993, what is the first thing the court will check?
Under Section 54 of the Courts Act 1993, what is the first thing the court will check?
According to the current system, what does the court use if the intentions of the person or parties are not clear?
According to the current system, what does the court use if the intentions of the person or parties are not clear?
For transactions, what does the court use the intention of the parties for?
For transactions, what does the court use the intention of the parties for?
Explain how Section 54 of the Courts Act 1993 ensures fairness in dispute resolution when intentions are unclear.
Explain how Section 54 of the Courts Act 1993 ensures fairness in dispute resolution when intentions are unclear.
Compare the roles of 'express agreement' and 'personal law' in resolving disputes involving natives under historical and current systems.
Compare the roles of 'express agreement' and 'personal law' in resolving disputes involving natives under historical and current systems.
What is the role of the court system for transactions?
What is the role of the court system for transactions?
Flashcards
Historical application of English Law
Historical application of English Law
Historically, before English Law applies to a dispute between natives, there should be an express agreement by the parties or the native law. It should not be repugnant to human rights.
Dispute concerning a British and a native
Dispute concerning a British and a native
If the dispute concerned a British and native, English Law applied if the agreement stated so, unless the English Law is repugnant.
Current System - Courts Act 1993
Current System - Courts Act 1993
Under Sec. 54 of the Courts Act 1993, the court will check the intentions of the person or parties. If the intention is not clear, the court will use the personal law of the person or parties.
Operation of court system for transactions
Operation of court system for transactions
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Study Notes
Choice of Law Provisions on Internal Conflict of Law
- Historically, according to Section 19 of the Supreme Court ordinance, English Law would apply to a dispute between or amongst natives if there was an express agreement by the parties or the native law should be repugnant to human rights.
- Where the dispute concerned a British and a native, English Law applied if the agreement stated so, unless that English Law is repugnant.
- Evidence of this was established in the case of Thompson v Thompson.
What is the Current System?
- Under Section 54 of the Courts Act 1993, the court will check the intentions of the person or parties.
- If the intention is not clear, the Court will use the personal law of the person or parties.
With the Operation of the Court System: For Transactions
- The court uses the intention of parties.
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