Applications to Specific Substantive Areas

Question 1

Reminders Re Applications to Specific Substantive Areas

Answer 1

• interest analysis is NOT sensitive to the substantive area at issue
• under 1st Restatement, same vesting rule generally applied to entire claim
• 2nd Restatement + interest analysis, each issue may be analyzed separately

Question 2

Torts - First Restatement Vesting Rule

Answer 2

• governing law = where injury occurred

Question 3

Torts - 2nd Restatement Factual Connections to Consider

Answer 3

Factual connections include place:
1) of injury
2) of conduct causing injury
3) where the parties are at home
4) where the relationship, if any, is centered

Question 4

Torts - 2nd Restatement Policy Principles to Consider

Answer 4

• relevant policies of the forum state
• relevant policies of other connected states

Question 5

Torts - Usual Outcome

Answer 5

• for all 3 approaches, governing law almost always = law of place of injury
  -> BUT exceptions arise occasionally, especially under interest analysis + most significant relationship

Question 6

Torts - Exceptions to Usual Outcome

Answer 6

Typically arise when:
- rule at issue = loss distribution rule (loss limitations, vicarious liability rules, + rules eliminating liability like immunity rules)
- parties share a common domicile

Question 7

Contracts - Choice of Law Provision

Answer 7

• choice of law provision allows parties to select law that will apply to their own contract
• enforced if valid and express

Question 8

Impact of Choice of Law Provision

Answer 8

• if choice of law provision is enforced, the provision displaces the choice of law analysis that the court would otherwise perform
• if choice of law provision is rejected, court should conduct a choice of law analysis
• if in doubt on bar exam, find the provision invalid

Question 9

Reasons to Find Contractual Choice of Law Provision Invalid

Answer 9

• if the law selected has no reasonable relationship to the contract
• if the provision was included w/o true mutual consent

Question 10

Contracts - First Restatement Vesting Rules

Answer 10

• Rule 1: if case about FORMATION, apply law of place of contracting
  -> ex’s of formation issues include: 1) capacity, 2) contractual formalities and 3) consideration
• Rule #2: if case about PERFORMANCE, apply law of place of performance
  -> ex: 1) time, place, + manner of performance, and 2) excuses for nonperformance

Question 11

Contracts - Second Restatement Factual Considerations

Answer 11

Include:
1) place of contracting
2) place of negotiation
3) place of performance
4) place where parties are at home

Question 12

Contracts - Second Restatement Policy Principles

Answer 12

Include:
1) relevant policies of forum state
2) relevant policies of other connected states AND
3) reasonable expectations of the parties

Question 13

Property + Choice of Law

Answer 13

• one area where all approaches essentially continue to apply the same rules

-immovable (real) property -> apply law of the situs
- movable (personal) property:
1) if case involves inter vivos transaction, apply law of situs at time of transaction
2) if case involves matter relating to inheritance, apply law of decedent’s domicile at date of death

Question 14

Family Law - Recognition of Marriage

Answer 14

• general rule: if a marriage is valid where performed, it’ll be recognized as valid everywhere
• exception: temporary relocation for marriage
  -> when domiciliaries of one state temporarily relocate to another state to enter into a marriage that violates a prohibitory rule in their home state, the state of domicile won’t recognize the marriage

Question 15

Family Law - Prohibitory Rules vs. Directory Rules

Answer 15

• prohibitory rules = rules that express a strong pub pol re marriage, such as rules against incest, polygamy, + marriage under a minimum age
• directory rules = administrative in nature
  -> ex: rules requiring a marriage license, parental consent, + certificate of a blood test

Question 16

Family Law - Divorce

Answer 16

• rule: forum applies own divorce laws
• rationale: to acquire jur, at least one party must be domiciled in the state -> state therefore has interest in applying own law

Question 17

Family Law - Legitimacy Rules

Answer 17

• rule #1: legitimacy governed by law of mother’s domicile at time of child’s birth
• Rule #2: validity of subsequent acts of legitimation re paternity governed by law of father’s domicile

Question 18

Corporations - Choice of Law

Answer 18

• place of incorporation for both vested rights and most significant relationship approaches