The American and European Revolutions on Choice of Law in Tort with Foreign Element: Case Studies for the Practice of Conflict of Laws in Nigeria

Temple C. Williams

Abstract


The Revolutions across America and Europe on tort choice of law in conflict of law situations are quite remarkable. They remind us of the progressing voyage of modern societies, legal systems inclusive, in meeting the demands and peculiarities of changing times. In particular, they also speak volume of the pace with which the western bloc is advancing in the practice of conflict of laws. Using the Revolutions as case studies, this paper reveals that the Nigerian experience cannot be said to be at par as it concerns the development of Private International Law. This is reflected in the current position on tort choice of law which favours the common law principle of double actionability. Undeniably, we are miles apart from the current position in America and Europe where conflict rules on tort choice of law have evolved immensely. While conceding that there exists a Nigerian voice on tort choice of law evidenced in Benson v. Ashiru as proof that the problematic of conflict practice is not absolute; the paper diagnoses some factors possibly among others militating against the thriving of conflict practice in Nigeria and ,by way of conclusion, articulates a way forward.


Keywords


Conflict of laws, tort, revolution, lex fori, lex loci delicti, choice of law.

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