ABSTRACT
In cases involving a foreign element, it will be similarly necessary to select the correct legal category.
There are a number of theories as to how classification of the cause of action should be undertaken and they will be dealt with below. However, there is little doubt that, in England, initial classification is on the basis of the lex fori.3 In recent years, there have been a number of judicial dicta to the effect that, where a foreign element is in issue, then the task of classification should be undertaken in a liberal and sympathetic spirit.4
