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The correlation between jurisdiction and choice of law Lee vs Chamberlin and Precourt vs Driscoll
a. Approaches to choice of law are not applicable because the case at bar is
i. Traditional approaches a delict, in the sense that it was not made
innocent by Maine law
Gray vs Gray (1934) – CJ Peaslee (1) That the only reason a recovery could not
Plaintiff: Mrs. Gray be had in Maine is the spousal relation of the
Defendant: Mr. Gray parties. As the parties are residents in New
Concept: the correlation between jurisdiction and choice of law Hampshire, where spousal incapacity to sue
– approaches – traditional approach has been abolished, it is argued that the
wife’s complaint for acts done in Maine may
Brief Facts: The case is to recover damages for personal be brought into New Hampshire and suit
injuries alleged to have been caused by the defendant upon it maintained therein
husband’s negligence. The parties are husband and wife, and
are both residents of New Hapshire. The accident happened in ISSUES: WON there is cause of action (No. No right was
Maine. The defendant husband argued that under the laws of violated)
Maine, the wife cannot maintin an action against the husband.
The SC held that the laws of Maine shall be applied. Hence, RATIO:
the acts complained of do not give rise to any cause of action Theory of law followed by the state (New Hampshire)
as there has been no breach of legal duty. for hundreds of years: If there is a conflict between
the lex loci (where transaction/act performed) and the
Doctrine: When a right is claimed upon acts occurring in lex fori (where action brought), the former governs in
another country, courts look to the law of that country not to torts the same as in contracts, in respect to the legal
extend the binding force of a foreign law beyond the territorial effect and incidents of acts
limits of the sovereignty to which it belongs, but to ascertain o As applied in the case at bar: whatever
whether the right claimed exists or not. It is not the foreign law, would be a defense to this action if it had
but the rights acquired under it, which are enforced by the been brought in the State of Maine is a
courts of another country. And this is true whether the question defense here, although it would not be, if
be one of contract, tort, or status. (theory of vested right or the cause of action had arisen in this state
obligatio) On argument (1)
o The argument fails to distinguish between
FACTS: status and the incidents which local law
The parties are husband and wife, and are both attaches to the status
residents of New Hapshire. o The parties are husband and wife. That
They got into an accident in Maine. The wife filed a status they took with them into Maine. But
case against her husband to recover damages for the incidents of that status are those
personal injuries. The case was filed in a New prescribed by the law of the place where
Hampshire court. transactions take place – a rule that has been
The defendant husband argued that under the laws of frequently been applied in tort actions where
Maine, the wife cannot maintain an action against the other relations were involved
husband. o The defendant’s act is a delict by the lex loci.
Conflict of laws: It would have been actionable if committed
o Accident happened in Maine where spouses here (New Hampshire); and, as to persons in
cannot sue each other general, it is actionable there (Maine). But
o Case was brought before a court in New because of the particular relation of the
Hampshire where the spouses are residents and parties, the law there is that there is no caise
where there is no spousal prohibition of action in the special instance. The plaintiff
Arguments were then presented placing at issue what fails here, as those plaintiffs failed, because
law should be applied, and further criticized the there is no cause of action at the place where
traditional approach the acts complained of were done.
o Criticisms on the traditional approach o On the suggestion that recovery may be had
Contrary to the English law by resort to a jurisdiction where such suits
Unsound in principle (between husband and wife) are allowed –
Unworkable in many situations this is upon the theory that whole or none of
(2) It is inconsistent to enforce foreign rights the lex loci should be applied
and at the same time declare that the In effect, the suggestion is the
foreign law is not in force (here) application of the doctrine of renvoi
o Arguments on why there is cause of action should be treated the same as the
rest of the lex loci