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Choice of Law Defined
If there are parties to a law suit who
reside in different states, the court must determine which state law applies to
each cause of action. The normal test is to evaluate the facts and apply the law
of the state which has the most significant contacts or relationship to the
cause of action. Washington applies this test:
This court employs a “most significant relationship”
standard to determine what law governs in a contracts or torts case.
Southwell v. Widing Transp., Inc., 101 Wn.2d 200, 204, 676 P.2d 477
(1984); Johnson v. Spider Staging Corp., 87 Wn.2d 577, 580, 555 P.2d
997 (1976). This standard requires a court to evaluate the contacts of the
interested jurisdictions with respect to the claims at issue and the
interests and policies of those jurisdictions. Southwell, at 204.
Haberman v WPPSS,
109 Wn.2d 107, 134, 744 P.2d 1032 (1987).
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