GROUP 4 CHOICE OF LAW 1.) What does choice of law aim to resolve?

? Ans: This doctrine aims precise ! to reso "e s#ch iss#e $hich o% the con% ictin& e&a pro"isions $i contro ' and to $hat e(tent $i the e&a pro"ision )e app ica) e in that certain sit#ation* 2.) In the Case of Gray vs Gray, was the husband absolved from liability for damages filed by the wife? Ans: +es' The U, ,#preme co#rt r# ed that $hate"er $o# d )e a de%ense to this action i% it had )een )ro#&ht n the state o% -aine is a de%ense here' a tho#&h it $o# d not )e i% the ca#se o% action had arisen in this state* The co#rt %#rther r# ed that in the &reat ma.orit! o% cases' comp aints o% cond#ct are ad.#sted in the .#risdiction $here the cond#ct too/ p ace* It is desira) e that the remed! )e the same' $here"er the action is )ro#&ht* .) !his theory involves an act done in a foreign "urisdiction which gives rise to the e#istence of a right if the laws of that state $rovides so. %. ). C. -. &ested'(ights !heory *ocal *aw !heory Caver+s ,rinci$le of ,reference Com$arative Im$airment

..) % theory that involves treating a case as a $urely domestic case that does not involve a foreign element is /nown as the0 %. ). C. -. *ocal *aw !heory Caver+s ,rinci$le of ,reference &ested'(ights !heory Com$arative Im$airment

1.) !his theory em$hasi2es that choice'of'law decisions should be made with reference to $rinci$les of $reference which are conceived to $rovide a fair accommodation of conflicting state $olicies and afford fair treatment to the $arties who are caught u$ in the ha2ards between conflicting state $olicies. %. ). C. -. Caver+s ,rinci$le of ,reference *ocal *aw !heory &ested'(ights !heory Com$arative Im$airment

3.) In the 4ost 5ignificant (elationshi$ %$$roach, what should be considered in determining the law to be a$$lied? %. 6ame, Id 7, 5ection, Contact 7, ,rovince, 8ndergrad ' school and course. ). 6ationality and !erritory C. ,lurality of factors in the light of choice'of'law $rinci$les

-. ,lace of contract, -omicile, 6ationality and $lace of $erformance 9.) Which of the following theories see/ to resolve choice'of'law $roblems by loo/ing at the $olicy behind the laws of the involved states and the interest each state had in a$$lying its own law? %. ). C. -. Choice'Influencing Considerations :unctional %nalysis Interest %nalysis Com$arative Im$airment

;.) !he $roblem in this theory is that every court considered its own law as the <better law.= %. ). C. -. Choice'Influencing Considerations :unctional %nalysis Interest %nalysis Com$arative Im$airment

>.) In this theory, the law of a country?state that reflects an <emerging= or <regressing $olicy= shall be a$$lied. %. ). C. -. Choice'Influencing Considerations :unctional %nalysis Interest %nalysis Com$arative Im$airment

1@.) In this theory, the law of the country?state, whose interest will be more im$aired if not followed, will be a$$lied. %. ). C. -. Choice'Influencing Considerations :unctional %nalysis Interest %nalysis Com$arative Im$airment