The Better Law

Question 1

Five Conditions**

Answer 1

1. Predictability of Results
2. Maintenance of Interstate and International Order
3. Simplification of the Judicial Task
4. Advancement of the Forum’s Governmental Interest
5. Application of the Better Rule of Law (most potent)

Question 2

Milkovich

Answer 2

Ontario driver and passenger are in an accident in Minn.; Ontario has a guest statute; Minn. does not have a guest statute.

1. Predictability: torts aren’t predictable (but we can also look at this as an insurance/contract case)
2. Interstate considerations: international order would not be disrupted by application of either law
3. Simplification: both laws are easy enough to apply
4. Forum’s government interest: Minn.’s governmental interest is in allowing an injured person to collect from the individual at fault
5. The better law: the court looks at several specific factors, including the fact that guest statutes have been increasingly repealed and archaic; court holds that judges should find collusion between drivers and passengers as a factual matter rather than regulating that judgment (so Minn. law applies)

Question 3

Jepson

Answer 3

Minn. plaintiff was injured in Arizona; he owned a business in ND and insured six company cars in ND using ND rates; Minn. law allowed stacking; ND law did not allow stacking; court applied ND law.

1. Predictability: the insurance contract related to ND vehicles for an ND company based on ND rates; predictability and certainty would be served by applying ND law.
2. Interstate order: this case seemed to involve forum shopping because the suit was brought in a state that allowed stacking; discouraging forum shopping would serve interstate order
3. Simplification: not a consideration here
4. Forum’s government interest: the forum had an interest in compensating tort victims, but also had an interest in contractual integrity; the court thought that in cases of close question, the altruistic value (compensating the victim) might prevail
5. The better law: the court had trouble with this because one state cannot pick which law between the two jurisdictions is best.