Double actionability

Double actionability

Double actionability is a doctrine of private international law which holds that an action for an alleged tort 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 is no longer used in Canadian law and instead the lex loci delicti rule is used.[1] This rule holds that the applicable law for a tort committed in a foreign country will be the tort law of the foreign country.


  1. ^ Tolofson v. Jensen [1994] 3 S.C.R. 1022

Wikimedia Foundation. 2010.

Look at other dictionaries:

  • Boys v Chaplin — Boys v Chaplin, [1969] 2 All ER 1085 is a leading conflict of laws case decided by the House of Lords. Facts Judgment The Court modified the test in Phillips v Eyre on whether a court can assume jurisdiction over a tort that occurred in another… …   Wikipedia

  • Crime against international law — A number of crimes against international law are created by treaty and convention. Some of these crimes are prosecuted before international courts and tribunals. But more difficult questions of jurisdiction arise when the issue is whether a… …   Wikipedia

  • International criminal law — This article is about international criminal law and crimes against international law. For crimes that have actual or potential effect across national borders, see Transnational crime. International criminal law is a body of international law… …   Wikipedia

  • Tort (conflict) — In Conflict of Laws, the choice of law rules for tort are intended to select the lex causae by which to determine the nature and scope of the judicial remedy to claim damages for loss or damage suffered.HistoryThe first attempts to establish a… …   Wikipedia

  • Conflict of tort laws — Conflict of laws Preliminiarie …   Wikipedia

Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”