THE THEORIES:

State of the Most Significant Relationship

The InterestAnalysis Approach

Qavers Principle of Preference

Kilberg Doctrine

the rights and obligations of the parties in case of tort is determined by the local law of the state which, with respect to the particular issue, has the most significant relationship to the occurrence and the parties.

State of the Most Significant Relationship

STATE OF THE MOST SIGNIFICANT RELATIONSHIP

State 2 HOW DETERMINED?

State 1

QUALITATIVE VS. QUANTITATIVE

the place where the injury occurred;

the place where the relationship, if any, between the parties is centered

FACTORS

the place where the conduct causing the injury occurred;

the domicile, residence, nationality, place of incorporation and place of business of the parties

STATE OF THE MOST SIGNIFICANT RELATIONSHIP: THE CASES

Professor Brainerd Currie builds upon the policy analysis of the "significant interest" test

once a genuine conflict is discovered, the law of the forum is immediately applied

Interest-Analysis Approach

THE INTEREST-ANALYSIS APPROACH: WHEN APPLICABLE?

False Conflict?

If the laws of both states relevant to the set of facts are the same, or would produce the same decision in the lawsuit, there is no real conflict between them

According to Conflicts of Laws principles, where the laws of the two jurisdictions would produce the same result on the particular issue presented, there is a false conflict

THE INTEREST-ANALYSIS APPROACH: WHEN APPLICABLE?

the court examines the substantive law of each jurisdiction to determine whether the laws differ as applied to the relevant transaction

if the laws do differ, the court determines whether a true conflict exists in that each of the relevant jurisdictions has an interest in having its law applied
comparative impairment of the interested jurisdictions

3 STEPS to INTERESTANALYSIS APPROACH

INTEREST ANALYSIS APPROACH: THE CASES

Qavers Principle of Preference

a higher standard of conduct and financial protection given to the injured party by one state is applied by the State where the injury was sustained, if the latter State adopts a lower standard of conduct and financial protection to the injured

Principle of Preference

PRINCIPLE OF PREFERENCE: THE CASES

KILBERG DOCTRINE

STATE 1

STATE 2

KILBERG DOCTRINE

Applied in suits involving conflicts of law that provides that the forum is not bound by the law of the place of injury or death as to the limitation on damages for wrongful death action

RATIONALE: laws that set limitations on damages are procedural. Hence the law of the forum should govern the issue

FACTS
a passenger for hire, traveling in the defendant's plane from New York to Nantucket, Massachusetts, was killed when the plane crashed on Nantucket Island seeks to recover for loss of accumulation on behalf of the estate, pursuant to the New York Decedent Estate Law

ISSUE
The State where the decedents heirs may recover damages

RULING
the cause of action alleges a breach of duty through negligence the laws of Massachusetts, where the injuries were inflicted, govern the extent of the damages which may be recovered