Conflict of Laws

Question 1

Framework for conflict of laws

Answer 1

use the following framework to determine which STATE law applies (this is not an erie issue)

1) Substantive or procedural – assuming the state laws conflict, determine if the state considers the issue to be substantive or procedural – if procedural apply GA law

2) identify the area of law (contract, tort, ect…_)

3) Match the Area of law to the specific rule

4) if the outcome points to another state law, determine whether its application would fundamentally offend a GA policy – if so, apply GA law

Question 2

Tort Cases

Answer 2

follow the law of the state where the tort occurred

GA follows the Last Act Rule – the law of the state where the last event necessary to make the defendant liable applies

Question 3

Contract Cases

Answer 3

When formation is the issue, apply the law where the contract was made

When performance is the issue, apply the law where the contract was to be performed

NOTE – GA generally respects the parties choice of law provisions

Question 4

Statute of Limitations

Answer 4

GA considers statute of limitations to be procedural – so GA law applies

EXCEPTION – GA will consider a statute of limitations to be substantive if the statute came about as a result of the creation of the cause of action (statutory) and the statute of limitations is shorter than that of GA