2. Choice of Law

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Questions and Answers

What principle determines the law applicable to a tort claim?

Lex specialis derogate legi generali

Lex fori

Lex loci delicti (correct)

Lex contractus

In the context of the 'substance of the tort test', what should be assessed?

The financial losses incurred by the claimant

The previous conduct of the claimant

The location of the defendant's residency

Where the cause of action fundamentally arose (correct)

For a claim of misrepresentation, which location is primarily considered?

Where the misrepresentation was generated

Where the defendant lived

Where the claimant experienced damages

Where the alleged misrepresentation was acted upon (correct)

Which factor is NOT considered in determining the venue for a conspiracy claim?

The claimant's past conduct Signup and view all the answers

According to the principles discussed, negligence claims are assessed based on which location?

Where the defendant's negligent conduct occurred Signup and view all the answers

Which rule governs the selection of law in contract disputes according to the 3-stage choice of law rule?

Implied and express preferences of parties involved Signup and view all the answers

What does the term 'lex causae' refer to in the context of choice of law?

The law of the cause which is selected to govern a legal issue Signup and view all the answers

Which factor is typically least important in establishing an implied choice of law in contractual agreements?

Currency used in transaction Signup and view all the answers

Under the tort ‘double actionability’ rule, a tort claim will only succeed if it meets which requirement?

It is recognized under both the lex fori and the law where the act occurred Signup and view all the answers

Which scenario would likely result in a ruling that an express choice of law clause is not bona fide?

The clause solely aims to enforce a foreign ruling Signup and view all the answers

What is a primary consideration in determining the objective choice of law?

The governing law in related transactions Signup and view all the answers

Which of the following is NOT covered by the 3-stage choice of law rule in contract disputes?

Formation and agency issues Signup and view all the answers

In what instance may implied choice of law be determined according to the courts?

Through the established contacts related to the transaction Signup and view all the answers

Which statement best reflects party autonomy in choice of law?

Parties can choose a governing law even if unrelated to the transaction's location Signup and view all the answers

What does the 'double actionability' rule refer to in the context of tort law?

The ability to disapply one or both of the governing laws based on specific criteria. Signup and view all the answers

Under what condition can the lex fori and lex loci delicti both be disapplied?

When the relevant facts predominantly support a different jurisdiction's law. Signup and view all the answers

What is a primary condition for the strict application of disapplication criteria?

The disapplied law must be 'purely fortuitous'. Signup and view all the answers

Which issue is governed exclusively by the lex fori?

The evidential rules governing a trial. Signup and view all the answers

What typically leads to a choice of law rule being impliedly overridden?

The statute serves a 'regulatory' or 'protective' function. Signup and view all the answers

Which statement best reflects the limitations placed on public policy during the application of foreign lex causae?

Only fundamental public policies can justify the disapplication of foreign laws. Signup and view all the answers

What type of issues do choice of law rules NOT apply to?

Procedural issues like jurisdiction. Signup and view all the answers

What must courts consider to avoid disapplying foreign laws at their discretion?

The harmony between domestic laws and foreign laws. Signup and view all the answers

Study Notes

Choice of Law Rules

Choice of law rules determine what legal jurisdiction's laws apply in Singaporean legal proceedings.
These rules are specifically for state laws, not non-state models or "soft law".
They apply to precise issues, not broader categories like claims, defenses, or entire disputes.
The selected law is called the "lex causae" or the "governing law".

The Contract Rule

This rule is based on a three-stage approach:
- Express choice of law: If parties explicitly choose a governing law, this is generally effective, even if the law has no connection to the dispute.
- Implied choice of law: If parties haven't explicitly chosen a governing law, the court will look at factors like jurisdiction clauses, language, document types, related transactions, currency, and parties' locations.
- Objective choice of law: Here, the court focuses on what a reasonable businessperson would have chosen based on the same factors.
The rationale behind this is to ensure party autonomy and facilitate international trade.
Express choices must be "bona fide and legal", meaning not chosen solely to avoid stricter foreign laws.
The place of performance is typically crucial, alongside the governing law of related transactions.

The Tort Rule

The tort rule is called the "double actionability" rule.
A tort claim will be successful if it is actionable under both Singapore law (lex fori) and the law of the place where the tort occurred (lex loci delicti).
This rule is meant to reflect the territorial aspect of torts and the unfamiliarity of foreign torts.
The "substance of the tort test" helps determine which lex loci delicti governs by examining the essence of the claimant's complaint and where it occurred.
The "flexible exception" allows for disapplying either the lex fori or the lex loci delicti in rare circumstances where the disapplied law is "purely fortuitous" and a more appropriate third law clearly exists.

Limits on Choice of Law Rules

Procedural Issues: Choice of law rules focus on substantive matters, not procedural ones, which are governed by Singapore law.
Forum Mandatory Rules: While choice of law rules are common law, they can be overridden by statute. Statutes with a "regulatory" or "protective" function, rather than solely supplementing existing rights, will likely override the choice of law rules.
Public Policy: If enforcing a foreign lex causae would violate fundamental Singaporean public policy, the specific foreign law rule can be disapplied. This applies only to fundamental policies, not mere notions of expediency or fairness.

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Description

Explore the choice of law rules that determine applicable legal jurisdictions in Singaporean legal proceedings. This quiz delves into the contract rule, including express, implied, and objective choices of law, and how they impact legal decisions. Test your understanding and navigate through the complexities of legal jurisdiction!