Bundled systems and better law: against the leflar method of resolving conflicts of law

Аннотация

Suppose Jones is a New Hampshire fireworks dealer. Smith comes up from Massachusetts, buys a case, and brings it home. One nightSmith sets off a Roman Candle in his backyard, but mishandles it and badly injures himself. He sues Jones in Massachusetts. Suppose Massachusetts tort law makes fireworks dealers strictly liable for injuries caused by products they sell. So Smith would win. But suppose that under New Hampshire law, fireworks dealers are immune from liability for such injuries if the injuries resulted from misuse. Smith bungled the fireworks; therefore Jones would win. Which state’s law should the Massachusetts court apply? And, just as importantly, on what basis should it choose?