Most Significant Relationship Approach (Second Restatement)

Question 1

General Rule re: the Most Significant Relationship Approach of the Second Restatement (MSRA)

Answer 1

the court applies the law of the forum that has the most significant relationship to the issue at hand

Question 2

What factors does a court consider in determining which forum has the most significant relationship to the issue at hand?

Answer 2

(i) Policies of the forum and other interests jxs
(ii) Policies underlying the substantive area of law
(iii) Ease of applying the law to be applied; and
(iv) whether application of the law will aid certainty, uniformity, and predictability (“CUP”)

Question 3

Under the MSRA, if the issue is torts, a court will consider other factors, including…

Answer 3

place of injury & conduct that caused injury

residence/domicile/place of inc. of the parties

Question 4

Under the MSRA, if the issue is k’ual, a court will consider other factors, including…

Answer 4

place of k’ing, negotiation, and performance
location of subject matter of k
residence/domicile/place of inc. of the parties

Question 5

Under the MSRA, if the issue is property, a court will apply the law of the state that has…

Answer 5

the most significant relationship to the property transaction

Question 6

Under the MSRA, if the issue is corporations, a court will apply the…

Answer 6

law of the forum where corporation is inc.