Choice of Law Flashcards
Analytical Approaches
1) vested rights approach of the first restatement
2) most significant relationship approach of the second restatement
3) interest analysis (governmental interests) approach
Vested Rights Approach of the First Restatement
1) characterize the area of substantive law
2) determine the particular choice of law rule
3) localize the rule to be applied
Most Significant Relationship Approach of the Second Restatement
Consider the connecting facts in a given case.
Interest Analysis (Governmental Approach)
Assume forum will apply its own law.
Then if the forum does NOT have an interest “false conflict” in the litigation then it will apply the second states law.
IF it does have an interest then there is a “true conflict”
Choice of law for Torts
1st restatement - place of the wrong
2nd restatement - place of the injury, place of conduct causing injury, domicile, residency, etc.
Interest Analysis - Same as will all substantive areas
Choice of law - Liability
1st - place of the wrong
2nd - place with the most significant relationship to the occurrence and the parties
interest - forum state assuming it had a legitimate interest
Choice of law - Defenses
State courts without guest statutes are hesitant to apply another states statute to deprive their residents from their causes of action.
Choice of law - vicarious Liability
1st - place of the wrong
2nd - most significant relationship to the transaction
Choice of law - damages
1st - place of the wrong
2nd - place with the most significant relationship to the occurrence and the parties
interest - P’s domicile for damages
Choice of law - Contribution Among Joint Tortfeasors
1st - place of the wrong
2nd - place with the most significant relationship to the occurrence and the parties LOOK for joint tortfeasors with same domicile
Choice of law - Survival and Abatement
1st - place of the wrong
2nd - place with the most significant relationship to the occurrence and the parties
Choice of law - Wrongful Death
1st - place of the wrong
2nd - place with the most significant relationship to the occurrence and the parties
Interest - forum state
Workers Comp
Forum state. Cant recover in multiple states but recovery in one state will be credited against a second state.
Choice of law - Contracts Express
Express Choice of law prevails unless
1) contrary to public policy
2) no reasonable basis for the parties choice
3) “true consent” was not given (fraud, mistake)
Choice of law - Contracts 1st
place where contract was made - validity and construction
place where the contract performed for issues governing performance
