Dalhousie Law Journal


Moffatt Hancock


Domicile, Choice of Law, Validity, Insurance Clauses, Accident Policy


The state has a legitimate interest in applying a rule of decision to... litigation only if the facts to which the rule will be applied have created effects within the state for which the state's public policy is directed. To assess the sufficiency of asserted contacts between the forum and the litigation, the court must determine if the contacts form a reasonable link between the litigation and a state policy. Mr. Justice Powell' I. Facts of the Hague Case Like many hundreds of his fellow countrymen, Ralph Hague (with his wife Lavinia) made his home in one state, Wisconsin, and commuted every day to his place of employment in another, Red Wing, Minnesota. He had been so employed and had so commuted for fifteen years when, on July 1, 1974, he was riding, as a passenger, on his son's motorcycle in Wisconsin, near the Minnesota border. They had stopped at a crossroad and signalled their intention to make a left turn onto the crossroad. While waiting for a car on the crossroad to go by, they were struck from behind by a car owned and driven by Richard Borst, a noninsured driver. Ralph Hague was so severely injured that he died en route to a hospital in Daluth, Minnesota.

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