Michigan Choice of Law- Contracts

Question 1

Contractual Choice of Law Provisions Enforceability

Answer 1

Always enforceable for issues parties could have resolved by explicit agreement

Issues that could not have resolved enforceable unless the chosen state has no relationship to the parties or transaction or the chosen law is contrary to fundamental policy of the forum state

Question 2

Choice of Kx Law Absent clause in Kx

Answer 2

Michigan approach in transition
Traditional vested rights approach
Moving towards a most significant relationship approach

Question 3

Vested Rights approach relating to Kx existence or validity

Answer 3

Apply law where Kx made, usually place where last event occurred that made kx binding

Question 4

Vested rights approach to Kx issues relating to performance

Answer 4

Apply law of the place of performance

Question 5

Vested Rights approach to Kx affecting title to land

Answer 5

apply law of state where land located