Rules for Specific Actions Flashcards
Torts
Vested-rights approach
a tort case will be governed by the law of the place where the wrong was committed
Torts
Most-significant relationship approach
the court considers four important contacts:
1. the place of the injury,
2. the place where conduct causing injury occurred,
3. the domicile, residence, place of incorporation, or place of business of the parties, and
4. the place where the relationship is centered.
Torts
Governmental-interest approach
the forum state generally looks to its own law, so long as that state has a legitimate interest in applying its own law
Contracts
Express choice of law of the parties
that law will govern unless:
* It is contrary to public policy;
* There is no reasonable basis for the parties’ choice; or
* There was fraud or mistake and true consent was not given.
Contracts
Vested-rights approach
(where the contract was executed)
The law of the place where the contract is executed applies to:
* Validity of the contract;
* Defenses to formation of the contract; and
* Interpretation of the contract.
Contracts
Vested-rights approach
(where the contract was to be performed)
The law of the location where the contract was to be performed applies to:
* Details of performance such as time and manner of performance;
* The person who is obligated to perform and the person to whom performance is to be made;
* Sufficiency of performance; and
* Excuses for nonperformance.
Contracts
Most-significant relationship approach
the following factors are considered:
* The location of the contracting, negotiation, and performance;
* The place where the contract’s subject matter is located; and
* The location of the parties’ domiciles.
Generally, when the location of negotiation and performance are the same, the forum court will apply the law of that state.
Contracts
Default rules
- Land contracts are controlled by the law of the state of the situs of the land.
- Personalty contracts are controlled by the law of the state where the place of delivery is located.
Tangible Personal Property
Vested-rights approach
governed by the law of the state in which the property was located at the time of the transaction
Tangible Personal Property
Most-significant-relationship approach
the law of the situs of the tangible personal property at the time of the relevant transaction
Real Property
Vested-rights approach
the law of the situs of the real property governs
Real Property
Most-significant-relationship approach
the law of the situs of the real property is generally presumed to be most significant
Inheritance
Personal property
law of the deceased’s domicile at the time of death
Inheritance
Real property
law of the situs
Family Law
Divorce
Questions of law relating to the grounds for divorce are controlled by the law of the plaintiff’s domicile in a divorce matter.
