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Rome II: Difference between revisions
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Rome II doesn't apply to company law or defamation, either. Though it's kind of hard to see how you could have a contractual obligation to defame someone. | Rome II doesn't apply to company law or defamation, either. Though it's kind of hard to see how you could have a contractual obligation to defame someone. | ||
But point to note here: the main thing is to ensure any [[concurrent liability|claims]] in | But point to note here: the main thing is to ensure any [[concurrent liability|claims]] in {{tag|contract}} and [[tort]] are governed by the same forum. Of most interest in cross-border cases where parties are in different jurisdictions and that wouldn't follow as a matter of course. and even there, frankly, a concurrent claim in {{tag|tort}} would only be relevant in most cases to [[concurrent liability|builders]]. | ||
Of course, the sensible thing would be to expressly exclude tortious claims under the contract. But for those not prescient enough to do that, there's always this magic incantation. | Of course, the sensible thing would be to expressly exclude tortious claims under the {{tag|contract}}. But for those not prescient enough to do that, there's always this [[magic words|magic]] incantation. | ||
===Jurisdiction: you choose!=== | ===Jurisdiction: you choose!=== | ||
Parties can agree to submit non-contractual obligations to the law of their choice. Previously English courts haven't been sure as to whether this is cricket. Rome II confirms that it is: | Parties can agree to submit non-contractual obligations to the law of their choice. Previously English courts haven't been sure as to whether this is {{tag|cricket}}. Rome II confirms that it is: | ||
*Where the agreement was made after the event giving rise to the damage; or | *Where the agreement was made after the event giving rise to the damage; or | ||
*Where all parties are pursuing a commercial activity, if freely negotiated ''before'' the event giving rise to the damage occurred. | *Where all parties are pursuing a commercial activity, if freely negotiated ''before'' the event giving rise to the damage occurred. | ||