Jill, a New South Wales resident, booked a tour to Thailand organized and conducted by Miracle Tours,
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Question:
- Jill, a New South Wales resident, booked a tour to Thailand organized and conducted by Miracle Tours, a New South Wales-based tour operator.
- During a riverboat journey in Thailand which was a feature of the tour, Jill suffered personal injury when the boat in which she was a passenger capsized in rapids. Jill contends that the cause of this accident was the negligence of Miracle Tours.
- You are a New South Wales legal practitioner who is consulted by Jill with a view to bringing common law proceedings in the Supreme Court of New South Wales against Miracle Tours in respect of her personal injury. With particular reference to the topic "Choice of law in tort", explain the conflict of laws issues that might arise in these proceedings.
- What would your answer be if Jill had suffered personal injury in the course of a voyage to Thailand when the ship operated by Miracle Tours on which Jill was a passenger struck rocks and sank due to negligent navigation? What would your answer be if the law of New South Wales continued to include the rule in Phillips v. Eyre (1870) LR 6 QB 1? In your answer, also briefly comment on how a court in a member state of the European Union and a court in the People's Republic of China would approach the choice of law in tort issues in this case.
Related Book For
Accounting
ISBN: 978-1118608227
9th edition
Authors: Lew Edwards, John Medlin, Keryn Chalmers, Andreas Hellmann, Claire Beattie, Jodie Maxfield, John Hoggett
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