Civil Procedure I

Choice of Law

Choice of Law provision applies unless:

  • The choice has been obtained by unfair means, such as misrepresentation, duress, undue influence, or mistake.
  • The contract does not have a "reasonable relation" to the state chosen and the parties do not have a reasonable basis for the choice. Hooper v. Musolino.
  • The law of the state chosen is contrary to the public policy of the state whose law otherwise would govern.

Hesch's: Courts will refuse to enforce a choice of law provision unless the contract has a "reasonable relation" to the state chosen. Hooper v. Musolino