Approaches to choice of law: torts

Question 1

Traditional approach

Answer 1

Under the traditional approach, tort actions are governed by the law of the place where the tort occurred.

Because the last event in a tort action usually is the injury, the approach generally results in application of the law of the place of the injury.

Question 2

Governmental interest analysis

Answer 2

There are no special rules for particular areas of law under the governmental interest approach—i.e., the conduct-regulating and loss-shifting distinction controls.

Question 3

Second Restatement approach

Answer 3

The most-significant relationships balances the following contacts:

(1) The place where the injury occurred;
(2) The place where the conduct causing the injury took place;
(3) The domicile, residence, or place of incorporation of the parties; and
(4) The place where the relationship between the parties is centered.

There is a presumption in favor of the law of the place of injury, but it can be overcome if another state has a more significant relationship.