1st Restatement of the Conflict of Laws on Torts
§ 377. The
Place Of Wrong
wrong is in the state where the last event necessary to make an actor
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.
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.
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.
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.
Right Of Action For Death
law of the
place of wrong governs the right of action for death.
§ 385. Contributory Negligence
§ 412. Measure Of Damages For Tort
damages for a tort is determined by the law of the place of wrong.
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.
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.
The place of wrong is the place where the force that
ultimately proved fatal was inflicted on the body of the victim (see
Comment a). The rule stated in this Section is a specific
the general rule as to the measure of damages in tort stated in §
statutory limit by the law of the forum on the amount that can be
a court of that state for death, irrespective of the place of wrong
however, be enforced.
§ 421. Exemplary Damages