Vested Rights Approach- Torts
Under the 1st Restament Vested Rights Approach, how will the forum decide which law applies to a property action?
In a property action, the forum will apply the law of the jdx where the property is located.
Under the 1st Restamente Vested Rights Approach, how will the forum decide which law applies to a contracts action?
In a contracts action, the forum will apply the law of the jdx of the place of contracting.
Under the Comparative Impairment Approach, what state law will the forum apply?
Under the CI Approach, the forum will apply the law of the state that will suffer the greatest harm.
Under the Government Interest Analysis, what does the forum look at to determine the law of the jdx that should be applied?
The forum will look at the underlying policies of the involved states and the interests of those states in having their laws applied.
Under the 2nd Restatement CoL, how will the forum determine the state's law to be applied for a torts action?
For a personal injury action, the law of the state to be applied will be determined by the local law of the state that has the most significant relationship to the occurrence and parties under the principles stated in §6.
Under the 1st Restamente Vested Rights Approach, how will the forum decide which law applies to personal injury?
In an action for personal injury, the forum will apply the law where the place of injury occurred. The place of injury is where the last necessary event occurred to be liable for the alleged tort.
Under the 1st Restamente Vested Rights Approach, how is the place of contracting determined?
The place of contracting is where the necessary event occurs to make the contract.
Under the Center of Gravity Approach, what law of the state will the forum apply ?
Under the Center of Gravity Approach, the forum will apply the law jdx with the most significant conflict.
What is a false conflict? What law would apply?
Under the GIA, a false conflict is when only one jdx has a legitimate interest and the other does not.
The forum would apply the law of the interested state.
Under the 2nd Restatement CoL, how will the forum determine the state's law to be applied for a personal injury action?
For a tort action, the local law of the state where the injury occurred UNLESS some other state has a more significant relationship under the principles in §6.
What are the 4 exceptions for a personal injury action under the vested rights approach?
1. Standard of care
2. Poison
3. Deleterious substance
4. Fraud
What is place of validity?
To determine place of validity, analyze:
1. capacity
2. place of performance
3. nature and extent
4. fraud (to void or make voidable) etc
Under the Center of Gravity, in a personal action (tort), what should be considered?
We should consider the location of:
1. the injury
2. the conduct
3. the residence/business
4. relationship of the parties
What is an apparent conflict? What should then be conducted?
An apparent conflict occurs when both jdxs have a legitimate interest.
An examination of the laws with a restrained and moderate interpretation.
Under the 2nd Restatement CoL, how will the forum determine the state's law to be applied for a defamation action?
For a defamation action, the local law of the state where the publication occurred UNLESS some other state has a more significant relationship under the principles in §6.
With respect to determining whether a guest statute should be applied to bar an injured guest's claims against the driver of the car in which he is riding, the vested rights approach is to look t the law of the place where the parties were domiciled when their ride commenced. True or false?
False. The place of injury controls.
What is place of performance?
The place where the promise is to be performed.
Under the Center of Gravity, in contracts, what should be considered?
We should consider the location of:'
1. the contract
2. the negotiation
3. the performance
3. the SM of the contract
4. the residence, domicile, PPB, and place of incorporation.
If there is a conflict after a restrained and moderate interpretation, what law should be applied?
If there is no conflict after a restrained and moderate interpretation, what law should be applied?
If there still exists a conflict-a true conflict, then the forum should apply the law of the forum state.
If no conflict exists, then the forum should apply the law of the interested state.
Under the 2nd Restatement CoL, how will the forum determine the state's law to be applied for a multistate defamation action? For a natural person?
For a multi-state defamation action, the law of the state to be applied will be the state that has a more significant relationship under the principles in §6 to the parties and occurrence.
For natural persons, the state of the most significant relationship usually where the person is domiciled at the time if the matter was published in that state.
Bria throws a ball from State A to Jada in State B. Jada was standing in the window in State B. The ball broke the window. The landlord sued Bria in State A. Which state law will the forum apply?
The law of State B. The harm was completed in State B.
What is place of breach in performance?
Where the promise is to be performed.
With respect to determining whether a guest statute should be applied to bar an injured guest's claims against the driver of the car in which he is riding, if there was a guest statute in effect where the accident occurred, but no such statute where the parties were domiciled, this would be a "false conflict" case under the GIA, and the forum should apply the law of the parties' domicile as that of the only interested state. True or False.
True. This would be a false conflict b/c the place of injury would have no real interest in having its law applied.
What is an unprovided-for case? What are the four approaches to an unprovided-for case?
An unprovided-for case exists when neither state has a legitimate interest.
The four different approaches are to apply:
1. the law of the forum.
2. the law of the state that appears most enlightened and humane.
3. the law of the state that aids a litigant who's a foreign resident.
4. the law of the state that treats a litigant in the same way their home state would treat them.
What are the §6 principles under the 2nd Restatement CoL?
Consider the relevant factors:
1. Needs of the interstate and international systems.
2. Relevant policies of the forum
3. Relevant policies of other interested states and the relative interests of those states.
4. Protection of justified expectations.
5. Basic policies underlying the particular field of law.
6. Certainty, predictability, and uniformity of result.
7. Ease in the determination and application of the law to be applied.