In conflict-of-laws situations, which term describes the exception that allows the home-country law to be non-applicable due to conflicts with foreign laws?

In conflict-of-laws situations, which term describes the exception that allows the home-country law to be non-applicable due to conflicts with foreign laws?

• A. Foreign direct investment
• B. Foreign service premiums
• C. Formalization
• D. Foreign compulsion exception

Answer: (D)

In conflicts-of-laws analysis, the foreign compulsion exception is used when a foreign government or foreign law would compel conduct that would violate the forum’s own laws or public policy. When that happens, the court won’t apply the home-country law to enforce that compelled conduct, recognizing that enforcing the home law would be defeating the forum’s own legal principles in light of foreign coercion. This is the term that specifically describes allowing the home law not to apply due to conflicts with foreign laws. The other options refer to topics outside this doctrinal area.

In conflicts-of-laws analysis, the foreign compulsion exception is used when a foreign government or foreign law would compel conduct that would violate the forum’s own laws or public policy. When that happens, the court won’t apply the home-country law to enforce that compelled conduct, recognizing that enforcing the home law would be defeating the forum’s own legal principles in light of foreign coercion. This is the term that specifically describes allowing the home law not to apply due to conflicts with foreign laws. The other options refer to topics outside this doctrinal area.