Contracts & Torts Flashcards
Torts Vested Rights Approach
apply law where last event necessary to make actor liable
Torts Most significant relationship test
court consider factors:
place of injury,
conduct causing injury,
domicile, residence, place of incorporation,
place where relationship is centered
Torts Governmental Approach
forum applies own law if have legitimate interest UNLESS
party request and forum court determines that another state law applies
Contract choice of law provision
if choice of law provision in he contract it will govern, unless
contrary to public polcy, no reaonsbale pass for parties choice, or true consent was not given because fraud or mistake
contracts vested rights
where contract was executed where it was performed
execution: validity, defense to formation, interpretation
performance: tiem and manner, person obligation to perform, person entitled to person, sufficient performance, excuse for non performance
contracts most significant relationship
consider the following policy:
location of contract, negotiation, performance
place where subject matter is located,
location of parties domicile residences, nationalities, plan incorporation etc.
Contract default rules land sale
law of state where site of land
Contract default personalty contracts
law of state where delivery occurs
Contract default life isnurance
where insurance is domilces
Contract default casualty insurance
law where insured risk is located
Contract default loans
law where of the state where repayment is required
Contract default suretyship contracts
law of state where governing principal obligations
Contract default transportation contracts
law state of departure
contracts government approach
doesn’t change based on substantive area of law
