Conflict of Law rules for specific areas of substantive law

Question 1

Torts- Vested Rights approach

Answer 1

the law of the place where the wrong was committed

Question 2

Torts- most significant relationship approach

Answer 2

Court considers four important contacts:
(1) place of the injury
(2) place where conduct causing injury occurred
(3) domicile, residence, place of incorporation, or place of business of the parties
(4) place where the relationship is centered

Question 3

Contracts- express choice of law of the parties

Answer 3

Express choice-of-law provision will govern unless
- it is contrary to public policy
- there is no reasonable basis for the parties’ choice
- there was fraud or mistake and true consent was not given

Question 4

Contracts- Vested-rights approach (where the contract was executed)

Answer 4

• validity of the contract
• defenses to contract formation
• interpretation of the contract

Question 5

Contracts- Vested-rights approach (where the contract was to be performed)

Answer 5

• details of performance such as time and manner of performance
• person who is obligated to perform and the person to whom performance is to be made
• sufficiency of performance
• excuses for nonperformance

Question 6

Contracts- Most-significant relationship approach

Answer 6

Courts consider the following factors:
- location of the contracting, negotiation, and performance
- place where the contract’s subject matter is located
- location of the parties’ domiciles

*Generally, when the location of negotiation and performance are the same, the forum court will apply that state’s law

Question 7

Default rule re: land contracts

Answer 7

law of the state of the situs (location) of the land

Question 8

Default rule re: personal property contracts

Answer 8

law of the state where the place of delivery is located

Question 9

Property re tangible property governed by the UCC

Answer 9

parties may stipulate to applicable law or the forum state will apply its version of the UCC

Question 10

Secured transactions re: tangible and intangible collateral

Answer 10

law of the state in which the debtor is located

Question 11

Property re transactions not covered by the UCC: Vested-rights approach

Answer 11

state in which the property was located at the time of the transaction

Question 12

Property re transactions not covered by the UCC- Most significant relationship approach

Answer 12

law of the situs (location) of the tangible personal property at the time that the relevant transaction took place UNLESS another state has a more significant relationship to the transaction

Question 13

Real property: Vested-rights approach

Answer 13

law of the situs of the real property concerning title and disposition of real property

Question 14

Real property: Most significant relationship approach

Answer 14

law of the situs of the real property

Question 15

Inheritance/Decedent’s estate: personal property

Answer 15

law of the decedent’s domicile at the time of death

Question 16

Inheritance/Decedent’s estate: real property

Answer 16

law of the situs

Question 17

Family law- marriage

Answer 17

marriages are valid where they took place and are recognized in all other states UNLESS it violates a particularly strong public policy of the domicile of either party

Question 18

Family law- grounds for divorce

Answer 18

controlled by the law of the plaintiff’s domicile

Question 19

Family law- enforceability of a premarital agreement

Answer 19

Most states apply the law of the state with the most significant relationship to the matter at hand

Some states apply the law of the state in which the premarital agreement was executed