Most Significant Relationship Approach Flashcards
Most Significant Relationship Approach
Apply the law of the state which has most significant relationship to the occurrence or transaction and the parties
Most Significant Relationship Application
Controlling Principles
Relevant Contacts
Default Rules
MSR Approach- Controlling Principles
Needs of the interstate and international judicial system
Relevant policies of the forum **
Relevant policies of other interested states **
Protection of justified expectations **
Basic policies underlying that field of law
Certainty, predictability and uniformity of result **
Ease of determining and applying the law chosen
MSR- Relevant Contacts Torts
Where injury and conduct occurred
Parties’ domicile, residence, place of incorporation, place of business, and
Where parties relationship is centered
MSR- RElevant Contacts KX
Where contracting, negotiation, and performance occur
Where the subject matter of Kx is located, and
Parties’ domicile, residence, place of inc. and place of business
MSR- Default Rules
Usually coincides with vested rights rules