Friday, April 22, 2016

Hypos in Conflict of Laws (Marriage / Conduct-regulating)

1. If Tim and Marry, both teenagers, went to Imagine State, where teenagers can get married, and let's say they got married, would they be a legally and validly married couple under Restatement (First) of Conflict of Law?

=> Sec. 123 states that "A marriage without any formal ceremony is valid everywhere if the acts alleged to have created it took place in a state in which such a marriage is valid." Thus, their marriage would be valid in Imagine state, so it would be valid every other states.

2. Jim and Pam are domiciled in New York City. They go on a trip to Scranton. Pam makes an apple pie and gives it to Jim. But the pie made Jim sick because some ingredients were bad. Let's say in New York the law requires negligence, and in Scranton all servers of food are strictly liable for injuries cased by serving bad food. What law would a New York court apply?

=> This hypo is related to a conduct-regulating rule. When conduct-regulating is at issue, New York courts would apply the law of the place of the tort. Thus, a New York court would apply the law that governs Scranton.

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