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The Law Applicable to Tortious Liability : = A Comparative Analysis of Article 4 of the Rome Ii Regulations and Private International Law in Ghana.

紀錄類型:	書目-電子資源 : Monograph/item
正題名/作者:	The Law Applicable to Tortious Liability :/
其他題名:	A Comparative Analysis of Article 4 of the Rome Ii Regulations and Private International Law in Ghana.
作者:	Quartey, Michael K.
面頁冊數:	1 online resource (38 pages)
附註:	Source: Masters Abstracts International, Volume: 84-10.
Contained By:	Masters Abstracts International84-10.
標題:	Regulation. -
電子資源:	http://pqdd.sinica.edu.tw/twdaoapp/servlet/advanced?query=30360615click for full text (PQDT)
ISBN:	9798377664161

The Law Applicable to Tortious Liability : = A Comparative Analysis of Article 4 of the Rome Ii Regulations and Private International Law in Ghana.
Quartey, Michael K.

The Law Applicable to Tortious Liability :A Comparative Analysis of Article 4 of the Rome Ii Regulations and Private International Law in Ghana. - 1 online resource (38 pages)

Source: Masters Abstracts International, Volume: 84-10.

Thesis (LL.M.)--University of Johannesburg (South Africa), 2022.

Includes bibliographical references

The law governing tortious liability worldwide has developed significantly since Ghana enacted the Civil Liability Act 176 of 1963, to reform the law relating to civil liability, particularly contributory negligence and liability for fatal injuries, among other related matters. The advancements made in the area of tort/delict have made the choice of law applicable to tortious liability of decisive importance, as the chosen law will determine if a party succeeds or fails in his claim. While some states have enacted legislation to cater for new areas of civil liability, such as injury caused by self-driving cars and harm that occurs over the internet, others like Ghana still refer to the colonial common law principles on tort. These developments have made the choice of law governing tortious liabilities a popular area in the study of private international law. Forsyth predicts that due to technological advancements and their accompanying issues, the determination of the choice of law for tort/delict will soon become one of the most vexed questions in private international law. To illustrate the complexities that may arise in determining the choice of law in tort, Forsyth gives the following scenario: An aircraft negligently manufactured in Michigan crashes in Lesotho, killing travellers from various countries. Will the law of Michigan govern the claim and the award of damages, or will it be the law of Lesotho? The complex nature of determining the applicable law in tortious liability seem to be an issue in several jurisdictions.This writer is concerned with Ghana's preparedness to deal with cases where a determination of choice of law in tort may arise in situations like the one highlighted above. The need for certainty is a necessary attribute of every good legal system. Legal certainty and predictability are an inherent part of the rule of law. This certainty appears to be absent in Ghana, as statutes and judicial decisions do not adequately address the question of choice of law governing tort. According to Oppong, judicial decisions in Ghana have focused on the question of jurisdiction and not the applicable law governing tort. The learned author holds that the cases decided by Ghanaian courts "cannot be said to have authoritatively decided the applicable law as far as torts committed abroad are concerned." Therefore, Ghana must establish rules to guide the court whenever such questions arise. This need arises simply because, unlike in contracts, parties to a tort claim are unlikely to predetermine the choice of law to govern the tortfeasor and the eventual victim.Since the tortfeasor and the victim are unlikely to predetermine the choice of law rule to govern the tortious claim, some states have passed laws, and courts have laid down principles to determine the choice of law.

Electronic reproduction.
Ann Arbor, Mich. :
ProQuest,
2023

Mode of access: World Wide Web

ISBN: 9798377664161Subjects--Topical Terms:

3561775
Regulation.
Index Terms--Genre/Form:

542853
Electronic books.

The Law Applicable to Tortious Liability : = A Comparative Analysis of Article 4 of the Rome Ii Regulations and Private International Law in Ghana.
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520 $a The law governing tortious liability worldwide has developed significantly since Ghana enacted the Civil Liability Act 176 of 1963, to reform the law relating to civil liability, particularly contributory negligence and liability for fatal injuries, among other related matters. The advancements made in the area of tort/delict have made the choice of law applicable to tortious liability of decisive importance, as the chosen law will determine if a party succeeds or fails in his claim. While some states have enacted legislation to cater for new areas of civil liability, such as injury caused by self-driving cars and harm that occurs over the internet, others like Ghana still refer to the colonial common law principles on tort. These developments have made the choice of law governing tortious liabilities a popular area in the study of private international law. Forsyth predicts that due to technological advancements and their accompanying issues, the determination of the choice of law for tort/delict will soon become one of the most vexed questions in private international law. To illustrate the complexities that may arise in determining the choice of law in tort, Forsyth gives the following scenario: An aircraft negligently manufactured in Michigan crashes in Lesotho, killing travellers from various countries. Will the law of Michigan govern the claim and the award of damages, or will it be the law of Lesotho? The complex nature of determining the applicable law in tortious liability seem to be an issue in several jurisdictions.This writer is concerned with Ghana's preparedness to deal with cases where a determination of choice of law in tort may arise in situations like the one highlighted above. The need for certainty is a necessary attribute of every good legal system. Legal certainty and predictability are an inherent part of the rule of law. This certainty appears to be absent in Ghana, as statutes and judicial decisions do not adequately address the question of choice of law governing tort. According to Oppong, judicial decisions in Ghana have focused on the question of jurisdiction and not the applicable law governing tort. The learned author holds that the cases decided by Ghanaian courts "cannot be said to have authoritatively decided the applicable law as far as torts committed abroad are concerned." Therefore, Ghana must establish rules to guide the court whenever such questions arise. This need arises simply because, unlike in contracts, parties to a tort claim are unlikely to predetermine the choice of law to govern the tortfeasor and the eventual victim.Since the tortfeasor and the victim are unlikely to predetermine the choice of law rule to govern the tortious claim, some states have passed laws, and courts have laid down principles to determine the choice of law.
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