Conflicts Flashcards
Three approaches to COL
- Vested rights
- Most significant relationship approach
- Govt interest approch
What is the vested rights approach
The law that controls is the law of the jurisdiction where the parties’ rights were vested (i.e., where the act or relationship that gave rise to the cause of action occurred or was created)
What is the most significant relationship approach?
Forum court will: (i) isolate the precise legal issue that results in a conflict between competing states; (ii) identify the policy objectives that each state’s law seeks to achieve with respect to such issue; and (iii) determine each state’s interest in view of its policy objectives, concluding which state has a superior connection
What is the governmental interest approach?
It is presumed that the forum state will apply its own law, but parties may request that another state’s law be applied because that state has a greater interest in the outcome. ANALYSIS DOES NOT CHANGE BASED ON AREA OF LAW
What is the governmental interest approach when dealing with false conflicts vs actual conflicts?
False conflict (i.e., the forum has no interest in the litigation)—the court applies the law of the state that does have an interest in the case
True conflict (i.e., the forum and another state each have an interest in the litigation)
o The forum state reviews its own policies to determine which law should apply
o Conflict cannot be resolved—the law of the forum state is applied
What happens when there is a disinterested forum under the govt interest approach?
the law of the forum state generally prevails
What is Dépeçage
an approach that allows the law of one state to govern one or more issues while other issues are controlled by the law of one or more other states
What is renvoi?
Requires a forum court applying another state’s law to apply that foreign state’s COL rules (generally rejected today)
What are the COL laws for the FTCA?
requires application of the whole law—including COL
rules—of the place where the act or omission took place
Vested rights - tort claims
the case is governed by the law of the place where the
last event necessary to make the actor liable for the tort took place
Most significant relationship approach to tort claims
o Policy principles are applied to determine the applicable substantive law
o The court considers
(i) the place of the injury;
(ii) the place where conduct causing injury occurred;
(iii) the domicile, residence, place of incorporation, or place of business of the parties; and
(iv) the place where the relationship is centered
o Default rule—the place of injury controls unless another state has a more significant relationship to the parties or the tort
Governmental interest approach to tort claims
o The forum state generally looks to its own law, so long as that state has a legitimate interest in applying its own law
o Another state’s law would be applied if a party requests such an application and the forum court determines that the other state’s law should apply in accordance with the forum state’s policies
When will a COL standard in a K be invalidated?
o It is contrary to public policy
o There is no reasonable basis for the parties’ choice, or
o True consent was not given because of fraud or mistake
What is the vested rights approach to Ks?
approach—the applicable law depends on either where the contract was executed or where it was to be performed
o Place of execution governs issues of validity, defenses to formation, interpretation (Isis (execution) VID)
o Place of performance governs issues of time and manner of performance, person obligated to perform and person entitled to performance, sufficiency of performance, excuse for nonperformance (Performance NOTES)
Most significant relationship approach to Ks
Generally—policy factors are considered, as well as:
- Location of contracting, negotiation, and performance
- Place where contract’s subject matter is located, and
- Location of the parties’ domiciles, residences, nationalities, places of incorporation, and places of business
