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“Conflict of Laws International Torts Cases: The Need for Reform on Both Sides of the Tasman”

The author argues that the double actionability rule, which has survived in New Zealand, is no longer best suited for choice of law in tort. Instead, the lex loci delicti should be the preferred rule supplemented by a flexible exception. The author undertakes an in-depth analysis of the North American jurisprudence in this area, focusing on the value of the distinction between conduct regulation and loss distribution. He concludes that Australia and New Zealand should adopt similar choice of law rules for torts.

Author
Anthony Gray
Published in
Yearbook of New Zealand Jurisprudence
Year
2006
Volume
9
Pages
113 - 140

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