"Unprovided-For"

Question 1

Un-Provided For:

Erwin v. Thomas

Answer 1

Rule: where no state has an interest in the law to be applied, forum law will apply.

Washington husband is injured in Washington by Oregon driver; wife wanted to sue for loss of consortium; Washington law only allowed a husband to sue for loss of consortium; Oregon allowed either spouse to sue.

Washington’s interest:
1) Washington has no interest in protecting an Oregon defendant from being liable to a woman for loss of consortium

Oregon’s interest:
1) Oregon has no interest in allowing a Washington woman to collect from an Oregon defendant