MODERN APPROACH

MODERN APPROACH
1. 2. 3. 4. 5. Most Significant Relationship Interest Analysis Comparative Impairment Functional Analysis Choice-Influencing Considerations

Most Significant Relationship

Identifies and considers a plurality of factors: a. needs of the interstate and intl system b. relevant policies of the concerned states c. relevant policies of other interested states d. protection of justified expectations of the parties e. basic policies underlying the particular field of law f. certainty, predictability and uniformity of result g. ease in the determination and application of law to be applied

Most Significant Relationship - TORTS

a. b. c. d. place of injury; place of tortious conduct; domicile, residence or nationality of parties; place where relationship is entered

Most Significant Relationship CONTRACT

a. b. c. d. choice of law of the parties; place of contracting; place of performance; domicile, residence, nationality, place of incorporation and place of business

Place of the Most Significant Relationship

Identifies and considers a plurality of factors: a. needs of the interstate and intl system b. relevant policies of the concerned states c. relevant policies of other interested states d. protection of justified expectations of the parties e. basic policies underlying the particular field of law f. certainty, predictability and uniformity of result g. ease in the determination and application of law to be applied

Interest Analysis
by Prof. Brainerd Currie HOW: (1) by looking at the policy behind the laws of the involved countries and (2) the interest each country has in applying its own law. FALSE CONFLICT only one country/state has an interest in having its law applied substantive law of the interested country will be applied

Comparative Analysis
by Prof. William Baxter HOW: Court weighs conflicting interests and apply the law of the state whose interest would be more impaired if its laws were not followed
Laws of the state that will be more impaired will be used.

Functional Analysis
by Prof. Donald Trautman & Arthur Von Mehren HOW: Courts look into: 1. the general policies of the state beyond those reflected in substantive law 2. policies and values reflecting effective and harmonious relationship between states
the law of a state that reflects an emerging or regressing policy will be applied.

Choice-Influencing Considerations
by Prof. Robert Lefla HOW: Court considers: 1. Predictability of results; 2. Maintenance of interstate and international order; 3. Simplification of the judicial task; 4. Application of the better rule of law; 5. Advancement of the forums governmental interests CRITICISM: In practice, the courts have almost always considered its own law as the better law.