About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

LOG IN
LOG IN


PROPOSED FINAL DRAFT 3, QUESTIONS SUGGESTED FOR DISC. 1 (May 5-7, 1932)

handle is hein.ali/reconlw0105 and id is 1 raw text is: The Nmerican Law Institute CONFLICT OF LAWS PROPOSED FINAL DRAFT No. 3 Questions Suggested for Discussion at Tenth Annual Meeting May 5-7, 1932 Discussion is not confined to the questions pre- sented here. You are earnestly requested to raise any further points which occur to you. Section 414. CoNIrIONs OF LIABILITY. This has been dihcussed at great length several times by the advisers to whom for this purpose was added Professor Bohlen, the reporter in Torts. While the law itself has not caused the advisers great diffi- culty, the form of statement has been troublesome. Is this form of statement satisfactory? Section 418A. CONFLICT IN LAW AS TO CAUSATION. This is a section which the advisers felt it neces- sary to insert for clearness. Questions of causation are always troublesome and differences between courts are great. New legislation adds to the difficulty by making persons responsible for results only remotely attributable to them. The state of wrong in these cases has no jurisdiction over the actor except through the fact of his causation of the act; but it may impose obligation without near causation. The case of an employer with his office in one state sending an em- ployee into another state where the employee is in- jured by an industrial accident, will indicate the dif- ficulty. The courts, it is believed, would hold the for- eign employer responsible under the Workmen's Com- pensation Law of the state of wrong, assuming that