Vested Rights Approach (First Restatement)

Question 1

General Rule re: the Vested Rights Approach (VRA)

Answer 1

• the court applies the law of the forum where the act occurred; or
• the relationship that gave rise to the lawsuit developed

Question 2

What is the “last act” rule?

Answer 2

Generally, rights vest in the state where the last act or event occurred that gave rise to the right being asserted in the lawsuit.

Question 3

Under the VRA, if the case is a torts issue, what forum’s law will the court apply?

Answer 3

the law of the forum where the injury occurred

Question 4

Under the VRA, if the case is a k issue, what forum’s law will the court apply?

Answer 4

the law of the forum where the k was formed - unless the dispute involves performance, in which case the court will apply the law of the forum where performance was due

Question 5

Under the VRA, if the case is a real property issue, what forum’s law will the court apply?

Answer 5

the law of the forum where the property is located

Question 6

Under the VRA, if the case is a tangible property issue, what forum’s law will the court apply?

Answer 6

the law of the forum where the property was located at the time of the relevant transaction

Question 7

Under the VRA, if the case is a corporate affairs issue, what forum’s law will the court apply?

Answer 7

the law of the forum where the corporation is incorporated