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Conflict of laws (also called private international law) is the set of rules or laws a jurisdiction applies to a case, transaction, or other occurrence that has connections to more than one jurisdiction. [1]
Conflict of laws in the United States is the field of procedural law dealing with choice of law rules when a legal action implicates the substantive laws of more than one jurisdiction and a court must determine which law is most appropriate to resolve the action. In the United States, the rules governing these matters have diverged from the ...
Law and economics – application of microeconomic theory to the analysis of law. Managerial economics – branch of economics involving the application of economic methods in the organizational decision-making process. Mathematical economics – application of mathematical methods to represent theories and analyze problems in economics.
The historical antecedents of law and economics can be traced back to the classical economists, who are credited with the foundations of modern economic thought.As early as the 18th century, Adam Smith discussed the economic effects of mercantilist legislation; later, David Ricardo opposed the British Corn Laws on the grounds that they hindered agricultural productivity; and Frédéric Bastiat ...
Bryant v. Lefever concerns a conflict between neighbors, in which one neighbor constructed a wall such that the other neighbor’s chimney would smoke. Originally, the court determined the wall was the cause of the chimneys smoking and awarded the plaintiff financial compensation. However, in the Court of Appeals, this judgment was reversed.
In purely domestic cases, this poses no difficulty because a judge will freely move from one domestic law to another to resolve the dispute. But in a conflict case, the question is whether the incidental question is resolved by reference either to its own choice of law rules, or to the same law that governs the main issue (the lex causae).
Economic torts are tortious interference actions designed to protect trade or business. The area includes the doctrine of restraint of trade and, particularly in the United Kingdom, has largely been submerged in the twentieth century by statutory interventions on collective labour law and modern competition law, and certain laws governing intellectual property, particularly unfair competition law.
The presumptive choice of law rule for tort is that the proper law applies. [citation needed] This refers to the law that has the greatest relevance to the issues involved. In public policy terms, this is usually the law of the place where the key elements of the "wrong" were performed or occurred (the lex loci delicti). So if A is a pedestrian ...