NY BAR REVIEW CONFLICT OF LAWS 3 Flashcards
contract
what if the parties weren’t in the same location when deal was reached?
when was the contract made and where?- offer and acceptance
this all led to dissatisfaction with the old traditional rule - place of contract
jurisdiction for conflict of laws in contract case
center of gravity approach. - most significant contacts - case by case basis.
grouping approach.
center of gravity approach.
grouping approach.
law of the state that has the most significant contacts in dispute will be applied
traditional factors
place of contracting.
place of negotiation.
place of performance.
one should provide in a contract which _______’s law would apply in case of a ________.
state.
dispute.
courts give deference to
law which parties choose - significant relation to contract
certain and predictable answer
statute.
rather than waiting on common law to develop the answer.
EPTL
wills , estates
personal property
law of state in which decedent was domiciled at time of death
goods relating to realty
may or may not be fixtures .
may or may not be part of the real estate.
WHERE IS THE PROPERTY LOCATED - whether its real property or personal will then be determined.
rule types
substantive- may follow another state’s.
procedural- should follow their own state’s.
forum of a pleading
procedural
statute of limitations
substantive - affects one’s right to sue.
in NY - procedural.
look at the statute of limitations of where the litigation occurred.
statute of repose
2nd time limit
18 year old suing about a 19 year old car
case between foreign law AND NY public policy
NY public policy MUST prevail
seriously contravenes a very serious and important public policy
