Conflicts of Law

Question 1

Vested Rights Approach

Answer 1

• Characterize the substantive law
• Determine the particular CoL rule
• Localize the rule to be applied

Question 2

Most Significant Relationship Approach

Answer 2

• Consider the connecting facts: the specific contacts with each jurisdiction
• Consider the policy oriented principles:
  
  • Needs of interstate systems
  • Relevant policies of forum
  • Policies and interests of other jurisdictions
  • Expectations of parties
  • Basic policies of underlying substantive law
  • Predictability and uniformity of result
  • Ease of determination of law

Question 3

Interest Analysis

Answer 3

• Assume forum law applies
• Discuss which states have legitimate interests
• Characterize the type of conflict
  
  • False conflict = only one state has legitimate interest
  • True conflict = two or more state’s have legitimate interest
• Choose governing law based on conflict type
  
  • False conflict = apply the law of the interested state
  • True conflict = apply forum law if it is one of the interested states

Question 4

Most Significant Relationship - Torts Contacts

Answer 4

• Place of the injury
• Place of the conduct causing injury
• Domicile, residence, nationality, place of incorporation, and place of business of the parties
• Place where the relationship, if any, was centered

Question 5

Choice of Law Provision in a Contract in Second Restatement Jurisdiction

Answer 5

• Generally, it will govern
• Exceptions:
  
  • Chosen state has no substantial relationship to the parties or transaction; and
  • There is no reasonable basis for the parties choice; or
  • Contrary to fundamental policy of the state with the materially greater interest that would have had the most significant relationship in the absence of the provision