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Conflict of Laws, *If forum state's statute expressly or impliedly…

- - - - common law = woman same domicile as husband; could establish own domicile if separated
      - modern trend = allows person who lives apart from spouse to est. separate domicile
    - - insane at infancy = domicile of parents
      - become insane after infancy = domicile prior to insanity, but may change if sufficient mental capacity to choose home
    - - legitimate = father's domicile; illegitimate/father deceased = mother's domicile
      - parents separated/divorced = domicile of parent with whom C lives
      - both parents dead and/or abandoned C = domicile of person who stands in loco parentis
- - - - Lex loci situs = place where property located
      - Lex loci delecti = place of harm or injury
      - Lex loci contractus = place of contracting (where K made, or where K performed, if conflict)
  - - - Default = forum state applies its substantive law unless has no legitimate interest in how particular issue is resolved
        Look to policies underlying substantive laws of various states involved to see which has policy interest in having its law applied
- - - - 2nd Restatement =
        law where injury occurred, unless other state has more significant relationship
      - Although SOL generally considered procedural, here SOL closely identified with right of action, thus SUBSTANTIVE and apply foreign law
    - - If patron becomes intoxicated in state with no dram shop act then causes injury in state with dram shop act, state court not likely to imposed liability on tavern
  - - - Tangible chattels = situs at time of relevant transaction OR more likely the UCC
    - - Law of situs, incl, choice of law rules; applies to:
        
        Validity and effect of conveyance
        
        Mortgages
        
        Liens
      - Executory Ks = contracts problem, governed by place of making
  - - - A number of states follow modern approach:
        
        Consider policies and interests of states where
        
        Parties negotiated K
        
        Parties made K
        
        Performance of obligations to be met
        
        Subject matter of K located
        
        Parties domiciled, reside, conduct business, or incorporated