Conflict of Laws

Question 1

What’s the gen’l rule re choice-of-law re CONTRACTS?

Answer 1

Law of the jurisdiction WHERE K IS MADE governs its validity, construction and effect.

UNLESS parties INTEND FOR K TO BE FULLY PERFORMED IN ANOTHER STATE. Then that state’s laws will apply.

Question 2

What’s the gen’l rule re conflict of law re TORT cases?

Answer 2

Substantive tort issues are governed by the law of the PLACE OF THE WRONG.

Question 3

How do VA courts define PLACE OF THE WRONG for tort cases?

Answer 3

State where the LAST EVENT NECESSARY TO MAKE THE ACTOR LIABLE for a tort.

Thus, it’s generally the PLACE OF INJURY.

Question 4

What’s the conflict of law rule re DEFAMATION?

Answer 4

Governed by the law of the PLACE OF PUBLICATION.

Question 5

For a fed’l court sitting in diversity, which state rules will it apply?

Answer 5

State where court sits.

Question 6

In K cases, which state laws will apply if parties chose which state law to apply?

Answer 6

State law chosen by the parties will apply as long as:

1. choice not obtained by UNFAIR MEANS
2. K has a REASONABLE RELATION to chosen state, and
3. law of chosen state NOT CONTRARY TO PUBLIC POLICY of state whose law would otherwise govern