ABSTRACT

Chapters 3 and 4 discuss how courts should respond to private international law problems in contract cases. We endorsed the law’s deference to the parties’ agreement on choice of law and jurisdiction. We also showed why a legislature wanting to limit contractual freedom in a domestic context might retain choice of law and forum defaults. This chapter studies a subset of these issues: how does private international law deal with rights that arise in tort when a person is injured in a situation arising out of a contract? These include rights under such important bodies of law as products liability and industrial law.