Special PA Rules For Specific Legal Questions Flashcards
For all choice of law approaches, the ___ of the property will generally provide the governing law for issues respecting the property.
Situs
The analysis for cases involving personal property focuses on what?
Situs of the property at the time of the T/O
Does PA honor choice of law clauses in contracts?
Yes, generally.
For contracts for the sale of goods, PA says choice of law clauses OK as long as what is true of the choice?
As long as the jurisdiction bears a reasonable relation to the transaction
For choice of law clauses in contacts other than for the sale of goods, PA follows what approach?
Restatement (Second), Section 187.
Section 187 of the RS2 instructs courts to disallow the parties’ choice of law where what is true? (2)
Where the chosen state has no SUBSTANTIAL relationship to the parties or the transaction; AND
There is no other reasonable basis for the parties’ choice.
Section 187 authorizes a court to refuse to apply a law that is contrary to a fundamental policy of a state that . . .
Has a materially greater interest in the dispute than the chosen state
Does PA allow for choice of venue clauses? Any limitations?
Yes, as long as the agreement is not unreasonable at the time of litigation
For a choice of venue clause to be “unreasonable” at the time of litigation, what must be true of its effect?
It must SUBVERT the interests of justice.
In PA, the validity of marriage is governed by the place…
Where the marriage was solemnized.
The law of which state will be applied to determine the duties and liability of an officer/director of a corp., as well as issues related to creation and dissolution.
State of incorporation
