Conflict of Laws

(2040.04) Course
Instructor(s): Professor J. Walker

Description: In a world of crossborder communication, trade and travel, crossborder disputes arise regularly in every field of private law. A good understanding of the way in which these disputes are handled in the courts is vital for those  pursuing most careers in legal practice and scholarship and it provides an important foundation for the study of other international law subjects. Once based on arcane principles and complex doctrines, the conflict of laws has changed dramatically in recent years to facilitate the flow of products, wealth and skills across borders and to ensure that disputes with connections to other provinces and countries are resolved fairly. This course provides a solid grounding on questions such as whether a court has authority to decide a dispute and whether it should exercise that authority; what effect the court should give to the judgments of courts in other provinces or countries; and which law the court should apply to determine the issues in dispute. Also considered are the particular rules that have been developed for key areas of private law and issues emerging from internet communications. The principles applied by Canadian common law courts are compared with those in other common law countries, in the United States, in Québec, and in Europe.

Evaluation: 100% Open-book final examination, with option to allocate 20% to workshop exercises.

Fall: 4 credits; 4 hours
Max. Enrollment: 60
Prerequisite Courses: None
Preferred Courses: none
Presentation: Lectures, discussion
Upper Year Research & Writing Requirement: No
Praxicum: No