1st Restatement
of the Conflict of Laws
on Torts
§ 377. The
Place Of Wrong
The
place of
wrong is in the state where the last event necessary to make an actor
liable
for an alleged tort takes place.
§ 378. Law
Governing Plaintiff's Injury
The
law of the
place of wrong determines whether a person has sustained a legal injury.
§ 379. Law
Governing Liability-Creating Conduct
Except
as stated
in § 382, the law of the place of wrong determines
(a)
whether a person
is responsible for harm he has caused only if he intended it,
(b)
whether a
person is responsible for unintended harm he has caused only if he was
negligent.
(c)
whether a
person is responsible for harm he has caused irrespective of his
intention or
the care which he has exercised.
§ 380. Application Of
Standard Of Care
(2)
Where by the law of the place of wrong, the liability-creating
character of the actor's conduct depends upon the application of a
standard of
care, and such standard has been defined in particular situations by
statute or
judicial decision of the law of the place of the actor's conduct, such
application of the standard will be made by the forum.
§ 382. Duty
Or Privilege To Act
(1)
A person who
is required by law to act or not to act in one state in a certain
manner will
not be held liable for the results of such action or failure to act
which occur
in another state.
(2)
A person who
acts pursuant to a privilege conferred by the law of the place of
acting will
not be held liable for the results of his act in another state.
§ 386.
Liability To Servant For Tort Of Fellow Servant
The
law of the
place of wrong determines whether a master is liable in tort to a
servant for a
wrong caused by a fellow servant.
§ 387.
Vicarious Liability
When
a person
authorizes another to act for him in any state and the other does so
act,
whether he is liable for the tort of the other is determined by the law
of the
place of wrong.
§ 390.
Survival Of Actions
Whether
a claim
for damages for a tort survives the death of the tortfeasor or of the
injured
person is determined by the law of the place of wrong.
§ 391.
Right Of Action For Death
The
law of the
place of wrong governs the right of action for death.
§ 385. Contributory Negligence
§ 412.
Measure Of Damages For Tort
The
measure of
damages for a tort is determined by the law of the place of wrong.
Comment:
a.
Rationale.
The right to damages in compensation or
punishment for a tort is to be distinguished from the right of access
to the
courts and from the procedure provided to obtain the damages. The
creation of a
right to have damages necessarily involves the measurement of that
right in so
far as the law can measure it. While the actual finding of the amount
of
damages is a function of the jury or other fact-finding body at the
forum, the
law that creates the right determines what items of loss are to be
included in
the damages. Since the right is created by the law of the place of
wrong, it is
measured by that law.
Illustration:
1.
B sues A in state X for a battery
committed in state Y. By the law of X, damages in an action of battery
may be
recovered for mental suffering; by the law of Y they are not allowed. B
cannot
recover damages for mental suffering.
§ 417.
Measure Of Damages For Death Of Human Being
The
measure of
damages in the statutory action for the death of a human being is
determined by
the law of the place of wrong.
Comment:
a.
The place of wrong is the place where the force that
ultimately proved fatal was inflicted on the body of the victim (see
§ 391,
Comment a). The rule stated in this Section is a specific
application of
the general rule as to the measure of damages in tort stated in §
412. A
statutory limit by the law of the forum on the amount that can be
recovered in
a court of that state for death, irrespective of the place of wrong
will,
however, be enforced.