Vanderbilt Law Review

First Page



Unlike most conflict of laws questions, the choice-of-law problem in tort actions based on multistate fraud and deceit has been given surprisingly little attention. Until recent years the problem had been raised in but two or three reported cases, and no real attempt had been made to analyze and clarify it. The recognition and scanty treatment of the problem in the Restatement of Conflict of Laws' has perhaps been primarily responsible for the growing awareness of it in the courts in the past two decades. Nevertheless, neither the courts nor the secondary authorities have come forward with a thorough study and analysis or a clear and uniform treatment. Perhaps both the frequent failure to face the problem squarely and the scarcity of serious efforts to treat it may be mainly attributed to the extremely elusive and perplexing nature of the problem itself. No doubt in some cases it has been overlooked or avoided. Yet in view of the constant increase in inter-state transactions and the diversity of domestic laws with respect to the elements of a cause of action for deceit, there is every indication that the problem will become increasingly important.