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Certainty, predictability and uniformity of

result
 “A matter adjudged, judicially acted upon or
decided, or settled by judgment”

 Final
 Jurisdiction
 Judgment on the merits
 Identity – Parties, Subject Matter and Cause of
Action
 To adhere to precedents and not to unsettle
things which are established
Ease in the determination and application of
the law to be applied
 Law of the place where the delict [tort] was
committed
 Which state has the most substantial
connection to the occurrence and the parties?
 Where the contract was made, negotiated,
was to be performed?
 Domicile, place of business, or place of
incorporation of the parties?
Facts:
 Dowis – Tennessee resident
 Hired by defendant
 Injured when he fell four stories from the
basket of a telescopic boom forklift operated
by Graves
 Trial court granted summary judgment for
defendants
 Court of Appeals Affirmed
Issue:
 Whether or not the court correctly apply the
lex loci delicti rule
Ruling:
 Yes. The Court applied stare decisis in
deciding the case.
 Stability of the law
 Consistency, predictability, relative ease of
application
Issue:
 Whether or not the most significant
relationship rule applies in this case
Ruling:
 No. The Court rejected the argument of
appellants in applying the most significant
relationship rule
 “Contact counting”
 Judicial policymakers
 Not enough guidance for uniformity
The approach in Dowis is not necessarily
the best or correct approach, there is also
value in determining interstate and
international systems as well as the relevant
policies of other interested States.

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