Choice of Law for Torts

Question 1

Which law would get applied using the traditional approach under the First Restatement “Vested Rights”

Answer 1

Apply the law of the state where the injury occurred

Question 2

Which law would be applied under the modern approach in the Second Restatement “Most Significant Relationship”

Answer 2

To determine which state has the most significant relationship to any particular issue, consider the policies and interests at stake for the following states:
1. the states where the parties are domiciled
2. the state where the injury occured

Question 3

What is the Dram Shop Act exception regarding choice of law approach for torts under the Most Significant Relationship approach?

Answer 3

Instead of applying the substantive law of the state where the injury occurred, the forum usually applies the law of the state where the tavern is located

Question 4

What are exceptions to the Dram Shop Act exception regarding application of the law outside the state where the tavern is located?

Answer 4

The forum may apply laws of a state other than where the tavern is located when:
1. the tavern in question uses advertising to target residents of another state
2. the tavern keeper can anticipate that out-of-state residents could return to their home state shortly after consuming beverages at the tavern