Conflict of Laws Flashcards
domicile for conflict of laws analysis
individuals: presence + intent to stay
corp: where incorporated
due process consideration for conflict of laws
forum state may apply its own law only if the case has significant contact/aggregation of contracts with the state such that its not arbitrary or fundamentally unfair
when will courts enforce contractual choice of law provision
- valid agreement
- applicable to the lawsuit under the terms of k
- reasonably related to the lawsuit and
- not involution of public policy
what are the approaches to choice of law
vested rights (FIrst restatement)
most significant relationship (Second restatement)
governmental interest
what is vested rights approach
looks at where the cause of action arose. Look for location of last liable event
how do you apply vested rights approach
see if procedural or substantive
procedural – forum court applies own rules
substantive – identify what kind of substantive law and do that approach
what 3 clusters of principles do courts apply for figuring out most significant relationship
- promoting relevant policies of forum and other interested states
- systemic interests of certainty, uniformity, predictability, simplicity
- protecting the justified expectations of parties
what is governmental interest approach
presumed forum will apply own, but party may request another
what is false conflict in government interest approach
false conflict - forum state has no interest in litigation, forum will apply other state’s law
what is true conflict in government interest approach
forum state and other state both have interest
forum state will review own policies to determine which law should apply
can’t resolve?? apply forum
what happens if diversity case was transferred under venue law from a federal court in one state to federal court in another state
apply law of original state
vested rights and most significant relationship approach for TORTS
VR: law of place where wrong was committed
MSR:
i) palace of injury
ii) place where conduct causing it occurred
iii) domiciles of the parties
iv) place where relationship is centered
vested rights approach for CONTRACTS
WHERE K EXECUTED
- validity
-defenses to formation
- interpretation
WHERE K WAS TO BE PERFORMED
- details of performance
- person obligated to perform/ person to get performance
- sufficiency of performance
- excuses for non performance
most significant relationship approach for CONTRACTS
3 clusters of principles
- promoting relevant policies of states
- systemic interests
- justified expectations
AND
- location of contracting, negotiation, performance
- place where k’s subject matter is
- location of parties domicile
usually will be where negotiation + performance
express choice of law for contracts will govern UNLESS
-against public policy
- no reasonable basis for parties choice
- mistake or fraud or no consent
