Conflict of Laws Case Study (see below for scenario)
This paper is to be based on the applicable law in relation to jurisdiction (conflict of laws)
Anglo plc has its seat in England. Its subsidiary, Franco, has its seat in France. Franco wanted to invest in Deutsch, a Germany company. Deutsch was a customer of Banko, a bank in Germany. Franco asked Banko whether Deutsch was financially stable. Without checking, Banko made an untrue statement that Deutsch was financially stable.
Relying on Banko’s statement, Franco invested a large sum of money in Deutsch. Deutsch has become insolvent and Franco has lost the money invested. Anglo plc has had to put more capital into Franco to prevent Franco from becoming 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)