NY Choice of Laws Approach Flashcards
What is the historical NY choice of laws approach?
Vested Rights
How does the vested rights approach work?
The laws of the state where a specific fact took place (depending on the kind of claim) would apply.
What was the vested rights approach to torts, contracts, and property?
The law of the state where:
Torts = the injury occurred
Contracts = the contract was formed
Real Property = the situs of the land
What approach does NY use today?
The interest rights approach.
How does the interest rights approach work?
First determine whether the conflict of laws is “false” or “true” and then analyze each states’ interest in the outcome of the litigation.
What is a false conflict?
Only one of the states actually has an interest in having it’s law applied.
E.g. the purpose of State A’s law is not at issue even though the contract formed in State A.
If there is a false conflict, which states’ laws will apply?
The laws of the state who has a legitimate interest in the outcome.
What is a true conflict?
Both states have an interest in having their law applied.
If there is a true conflict, which state’s laws will apply?
If the forum has a legitimate interest in the outcome, it will apply it’s own laws.
What case created the interest rights approach?
Babcock v. Jackson
