Conflict of Laws Flashcards
Conflict of Laws: What is the “most significant relationship” approach of the Second Restatement to address choice of law problems?
“Under this approach the court will apply the law of the state which is most significantly related to the outcome of the litigation. To determine this the court will consider connecting facts and policy principles.”
Conflict of Laws: What are the factual connections and policy principle considerations under the “most significant relationship” approach for TORTS?
Factual connections: Second Restatement considerations include the place: (1) of the injury; (2) of the conduct causing injury; (3) where the parties are at home; and (4) where the relationship, if any, is centered.
Policy Principles: Policy principles include (1) the relevant policies of the forum state and (2) the relevant policies of other connected states.
Conflict of Laws: What are the factual connections and policy principle considerations under the “most significant relationship” approach for CONTRACTS?
Factual connections: Second Restatement considerations include (1) the place of contracting; (2) the place of negotiation; (3) the place of performance; (4) the place where the parties are at home.
Policy Principles: Policy principles include (1) the relevant policies of the forum state; (2) the relevant policies of other connected states; (3) the reasonable expectations of the parties.
Conflict of Laws: What are the factual connections and policy principle considerations under the “most significant relationship” approach for TORTS?
Factual connections: Second Restatement considerations include the place: (1) of the injury; (2) of the conduct causing injury; (3) where the parties are at home; and (4) where the relationship, if any, is centered.
Policy Principles: Policy principles include (1) the relevant policies of the forum state and (2) the relevant policies of other connected states.
Conflict of Laws: What is the “vested rights” approach of the First Restatement to address choice of law problems?
“Under the vested rights approach, the court will apply the law of that state mandated by the applicable vesting rule. That rule is selected according to the relevant substantive area of law”
Conflict of Laws: What is the “interest analysis” approach to address choice of law problems?
“Under this approach the court will consider which states have a legitimate interest in the outcome of the litigation. The forum court will apply its own law as long as it has a legitimate interest. If the forum state has no legitimate interest, it will apply the law of another interested state.”
Conflict of Laws: What are the First Restatement vesting rules for each of these (torts & contracts)?
TORTS: the governing law is the law where the injury occurred.
CONTRACTS: If the case is about formation, you apply the law of the place of contracting. If the case is about performance, you apply the law of the place of performance.
