Conflict of Laws Case Study (see below for scenario)
Conflict of Laws Case Study (see below for scenario)
This paper is to be based on the applicable law in" rel="nofollow">in relation to jurisdiction (conflict of laws)
Anglo plc has its seat in" rel="nofollow">in England. Its subsidiary, Franco, has its seat in" rel="nofollow">in France. Franco wanted to in" rel="nofollow">invest in" rel="nofollow">in Deutsch, a Germany company. Deutsch was a customer of Banko, a bank in" rel="nofollow">in Germany. Franco asked Banko whether Deutsch was fin" rel="nofollow">inancially stable. Without checkin" rel="nofollow">ing, Banko made an untrue statement that Deutsch was fin" rel="nofollow">inancially stable.
Relyin" rel="nofollow">ing on Banko’s statement, Franco in" rel="nofollow">invested a large sum of money in" rel="nofollow">in Deutsch. Deutsch has become in" rel="nofollow">insolvent and Franco has lost the money in" rel="nofollow">invested. Anglo plc has had to put more capital in" rel="nofollow">into Franco to prevent Franco from becomin" rel="nofollow">ing in" rel="nofollow">insolvent. Anglo and Franco wish to sue Banko for damages for negligence.
(1)Advise Anglo and Franco on the applicable law.
(2) Would your advice be different if Franco and Banko had a contract which stated that Italian law would be the applicable law?
Please structure this as:
- Legal facts and issue
- Analysis of the applicable law (jurisdiction)
- Summary of advice (1 and 2)