True Conflicts

Question 1

True Conflict

Answer 1

a conflict in which more than one of the states involved is interested in having its law applied

Question 2

Law of the Forum (Currie):

Oregon Spendthrift

Answer 2

Rule: where there exists a true conflict and the interests of the forum state and the foreign state are equally strong, the forum court will apply its own law.

TRUE CONFLICT (OR interest in protecting spendthrift and family, CA interest in validity of contracts, encouraging loans, discouraging fraud), apply OR law (resembles Currie)

Question 3

Moderate and Restrained Interpretation:

Bernkraft v. Fowler

Answer 3

NV plaintiffs made a real estate deal with NV decedent in exchange for a promise that decedent would forgive certain debts in his will; decedent died in CA without fulfilling promise; CA law invalidated the oral promise on statute of frauds; NV would have enforced the oral promise

court held that entire transaction occurred in NV and CA’s interest was weak in comparison; even though CA has an interested in its domiciles, the court took a restrained approach limiting CA’s interest; the court did not balance the state interests

Ct said no real conflict

Question 4

Comparative Impairment (CA):
Harrah's Casino (dram shop)

Answer 4

i. Do not weigh or balance the interests of each jurisdiction; make a decision based on an independent principle
1) Look at the interest of the states involved.
2) Determine which jurisdiction’s policy would be most impaired if it were not applied.

Rule: once a preliminary analysis has identified a true conflict, the “comparative impairment” approach should be used to determine which state’s interest would be more impaired if its policy were subordinated to that of the other state.

Nevada’s policy would not be vitiated by application of CA law because the purpose of the law is not to protect barkeepers but rather to limit liability to the criminal penalties in place

Question 5

Erie Coach Lines (Ontario Hockey Team)

Answer 5

Ontario team traveling thru NY, bus driver (from Ontario) crashed into truck (owned by PA company).

Used Neumier Rules
Truck Driver - used NY law (law of state where accident occurs)
Hockey Players - used Ontario law (driver and passenger domiciled in same state)