Re: sendmail X license (fwd)
This happens not infrequently in the U.S. (and at least other common law
countries). The "foreign" law is provided by the parties through argument,
declarations/affidavits and expert testimony. Here is an example case where
a Pennsylvania court applied Virginia law.
From: Walter Landry <email@example.com>
Subject: Re: sendmail X license (fwd)
Date: Sun, 16 May 2004 21:17:03 -0400 (EDT)
Brian Thomas Sniffen <firstname.lastname@example.org> wrote:
> Um, I'm not a lawyer and this is outside even my
> layman's-understanding of the law, but I'm certain I've seen cases
> proceed in the courts of location X under the laws of location Y,
> because a violation of a contract happened in X -- or the parties or
> tort are somehow in X, such that it has jurisdiction, but the contract
> insists on the laws of Y.
> So this doesn't force it to happen in a particular place, it just
> encourages the courts to virtualize their judges.
Do you have a citation? I don't see how this could possibly work. I
could see that a tort happens in place X that is decided in a court in
place Y, but I don't see how you're going to get courts in one place
to familiarize themselves with the laws of another place. The law is
complicated enough just worrying about one place.
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