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Articles for the keyword(s) "Damages"

"Heaven Help the Overseas Conflict Lawyers"

PRH Webb, 1979

This note provides a brief survey of conflict of laws issues in relation to three New Zealand contract statutes (Illegal Contracts Act 1970, Contractual Mistakes Act 1977, Contractual Remedies Act 1979). The author laments the failure of the Legislature to consider conflict of laws implications when drafting these statutes, which has resulted in uncertainty regarding their territorial scope and intended application, especially when these statutes have to be considered by foreign courts.

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“Loss Distribution Issues in Multinational Tort Claims: Giving Substance to Substance”

Anthony Gray, 2008

The distinction between substance and procedure is fundamental to private international law. However, in recent years, most Commonwealth courts have made their own statements regarding this dichotomy, and there seems to be no agreement on the demarcation between substance and procedure. Based on a survey of decisions in Australia, England, Canada and South Africa, as well as an analysis of the underlying rationale for the distinction, the author argues in favour of the adoption of a narrow view of procedure in regard to the assessment of damages.