Editing Conflicts of Laws
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APPLY THE PLACE OF THE WRONG (1<sup>st</sup> Restatement § 384)This is essentially where the injury occurred ('''''lex loci delecti'''''). The place of the wrong is in the state where the last event necessary to make an actor liable for an alleged tort takes place (§ 377). The rationale is that the plaintiff does not sue the defendant for the latter’s negligence, but because the negligence has caused the plaintiff harm. The tort is complete only when the harm takes place, for this is the last event necessary to make the actor liable for the tort.Exceptions''':''' | APPLY THE PLACE OF THE WRONG (1<sup>st</sup> Restatement § 384)This is essentially where the injury occurred ('''''lex loci delecti'''''). The place of the wrong is in the state where the last event necessary to make an actor liable for an alleged tort takes place (§ 377). The rationale is that the plaintiff does not sue the defendant for the latter’s negligence, but because the negligence has caused the plaintiff harm. The tort is complete only when the harm takes place, for this is the last event necessary to make the actor liable for the tort.Exceptions''':''' | ||
* Vicarious liability (§387) of defendant for the acts of another is determined by the place of the wrong only if defendant authorized the person to act for him in that state. | * Vicarious liability (§387) of defendant for the acts of another is determined by the place of the wrong only if defendant authorized the person to act for him in that state. | ||
* §382 shields from liability a person who acts in state X pursuant to a legal duty or privilege and causes injuries actionable in state Y | * §382 shields from liability a person who acts in state X pursuant to a legal duty or privilege and causes injuries actionable in state Y | ||
* §380(2) provides that one who acts in state X in reliance upon a very particular standard of care will not be liable if the act causes injury in state T where the relevant standard is higher | * §380(2) provides that one who acts in state X in reliance upon a very particular standard of care will not be liable if the act causes injury in state T where the relevant standard is higher |