Choice Of Law

Question 1

Goals of choice of law

Answer 1

A. State sovereignty

B. uniformity of choice of laws

Question 2

Vested rights or traditional approach of choice of law

Answer 2

Chose the states law where the last event necessary to the COA took place (for neg. where damages occurred)

• right to relief does not vest itself until injury
• Alabama GSR Co.

Question 3

Most significant relationship test

Answer 3

1. Default vested rights

2. Then ask is there more significant relationship to parties or facts in another forum

Question 4

Most significant relationship test factors

Answer 4

1. Place injury occurred
2. Place where the conduct causing injurie occurred
3. Domicile, residence, place if incorporation
4. Place where relationship of party is centered

Question 5

Most sig. Relationship test 2 or more forums interested

Answer 5

Look at statute saying what law to use
If none –> 1. Needs of interstate system
2. Relevant policies in forum
3. Relevant policies of other intrested states
4. Where do parties expect to litigate
5. Certainty and unfiromity of result
6. Ease which to apply law