4. Choice of Law - Defences Flashcards Preview

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Flashcards in 4. Choice of Law - Defences Deck (4):
1

What laws will a forum court never apply?

A law contrary to its own public policy

Note: this is opposite of recognition of judgments, where public policy is not a defence

2

What type of laws does choice of law apply to only?

Substantive law only

3

For choice of law purposes, is a statute of limitations substantive or procedural?

Procedural, with two exceptions

4

What are the two exceptions where a court will treat SoL as substantive?

1. Where, under choice of law analysis, the foreign law governs and forum has a borrowing statue, the forum will select the shorter of two limitation periods between the forum and the foreign state

2. Where, under choice of law analysis, the foreign law governs and the foreign statute creates the substantive right and the limitation, court must apply both