The Role of Foreign Law

Source abstract

Abstract The previous chapter began the work of locating the foreign law problem in its proper context. The present chapter completes the task by identify ing when the problem becomes an issue in practice. This occurs most obvi ously in the process of applying the governing law at trial. Once identified through the choice of law process as being foreign, its content must be established by proof. In some cases this will not be contested, although sat isfactory evidence will be needed if foreign law is to be applied.