Conflicts: Rules Flashcards
First Restatement / vested rights approach
apply law of place where the last act necessary to give rise to a cause of action takes place
Second Restatement / most significant relationship
consider principles:
- the relevant policies of the forum state and other states
- systemic interests including certainty, uniformity, predictability, and simplicity
- the parties’ justified expectations (if planned transaction)
then consider contacts and presumptions
governmental interest analysis
apply law where doing so would promote relevant policies
- conduct-regulating law: interested if conduct in territory or domiciliary is injured
- loss-shifting law: interested if domiciliary would benefit
if two+ interested, apply forum law
if none interested, apply forum law
R 1st: torts
where injury occurred
R 1st: contracts
validity, interpretation, defenses: where acceptance occurred
performance: where performance occurred
R 1st: tangible property
law of the situs
R 1st: intangible property
where created
R 1st: real property
law of the situs
R 2d: torts
presumption: where injury occurred
contacts:
- where injury occurred
- where injury-causing conduct occurred
- where parties domiciled
- where parties’ relationship is centered
R 2d: contracts
presumption: if place of negotiation = place of performance, use that place’s law
contacts:
- where contract formed
- where negotiation occurred
- where performance occurred
- where subject matter is located
- where parties domiciled
R 2d: presumption for land contract
law of the situs
R 2d: presumption for personal property contract
place of delivery
R 2d: presumption for life insurance contract
domicile of insured
R 2d: presumption for loans
where repayment is required
R 2d: presumption for transportation contract
place of departure
R 2d: tangible property
law of the situs, unless more significant relationship
