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Double actionability is a doctrine of
private international law 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. This body of law deals with three broad t ...
which holds that an action for an alleged
tort A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishabl ...
committed in a foreign jurisdiction can be successful in a domestic court only if it would be actionable under both the laws of the home jurisdiction and the foreign jurisdiction. The rule originated in the controversial case of '' Phillips v Eyre'' (1870) LR 6 QB 1. The rule is no longer used in
Canadian law The legal system of Canada is pluralist: its foundations lie in the English common law system (inherited from its period as a colony of the British Empire), the French civil law system (inherited from its French Empire past), and Indigenous la ...
and instead the ''
lex loci delicti In conflict of laws, the term ''lex loci'' (Latin for "the law of the place") is a shorthand version of the choice of law rules that determine the ''lex causae'' (the laws chosen to decide a case).''Black's Law Dictionary'' abridged Sixth Edition (1 ...
'' rule is used. Likewise, the rule no longer forms part of
Australian law The legal system of Australia has multiple forms. It includes a written constitution, unwritten constitutional conventions, statutes, regulations, and the judicially determined common law system. Its legal institutions and traditions are sub ...
which also uses the ''
lex loci delicti In conflict of laws, the term ''lex loci'' (Latin for "the law of the place") is a shorthand version of the choice of law rules that determine the ''lex causae'' (the laws chosen to decide a case).''Black's Law Dictionary'' abridged Sixth Edition (1 ...
'' rule. This rule holds that the applicable law for a tort committed in a foreign place will be the tort law of the foreign place. The rule was abolished in New Zealand tort law by section 10 of the Private International Law (Choice of Law in Tort) Act 2017. The rule has largely been abandoned in English law by virtue of section 10 of the Private International Law (Miscellaneous Provisions) Act 1995, although defamation claims are specifically excluded (cf. section 13(1)). However, even prior to it being abandoned the courts had increasingly distanced themselves from the rule by applying a "flexible exception". The exception was first applied in ''
Boys v Chaplin ''Boys v Chaplin''
971 Year 971 ( CMLXXI) was a common year starting on Sunday (link will display the full calendar) of the Julian calendar. Events By place Byzantine Empire * Battle of Dorostolon: A Byzantine expeditionary army (possibly 30–40,000 men ...
AC 356 is a leading conflict of laws case decided by the House of Lords. Facts The plaintiff, a passenger on a motorcycle, was injured through the negligence of the defendant whose car had hit the motorcycle. The plai ...
'' 9692 All ER 1085 and expanded upon in ''
Red Sea Insurance v Bouygues SA ''Red Sea Insurance Co Ltd v Bouygues SA'' 9951 AC 190 is a judicial decision of the Privy Council relating to choice of law in tort. The case was an appeal from the decision of the Court of Appeal of Hong Kong, but as the case was decided ...
''
995 Year 995 ( CMXCV) was a common year starting on Tuesday (link will display the full calendar) of the Julian calendar. Events By place Japan * 17 May - Fujiwara no Michitaka (imperial regent) dies. * 3 June: Fujiwara no Michikane g ...
1 AC 190.


External links


Slavery, revolution and the double actionability rule


References

Conflict of laws {{international-law-stub