most significant relationship test

most-significant-relationship test. Conflict of laws. The doctrine that, to determine the state law to apply to a dispute, the court should determine which state has the most substantial connection to the occurrence and the parties. • For example, in a tort case, the court should consider where the injury occurred, where the conduct that caused the injury occurred, the residence, place of business, or place of incorporation of the parties, and the place where the relationship between the parties, if any, is centered. Restatement (Second) of Conflict of Laws § 145 (1971). In a case involving a contract, the court should consider where the contract was made, where the contract was negotiated, where the contract was to be performed, and the domicile, place of business, or place of incorporation of the parties. Id. § 188. — Also termed most-significant-contacts test. [Cases: Action 17. C.J.S. Actions §§ 18–20; Conflict of Laws§§ 2–3, 12, 15, 20, 23, 27–32, 34–40, 42–48, 50–65, 96–97, 100, 102, 105–107.]
专业法律词汇 词条贡献者
法律翻译Carl,知名法学院法律英语专业,专注翻译各类与复杂商业纠纷有关的法律文件。
Scroll to Top