Section 10.23 Choice of Law

LibraryConstruction Law 2016 Supp

F. (§10.23) Choice of Law

Because a surety bond constitutes a species of contract, the choice of law rules applicable to contracts govern what law applies in construing a bond. Under Missouri law, the RESTATEMENT (SECOND) OF CONFLICT OF LAWS (1971) appears to apply in both tort and contract cases. Havenfield Corp. v. H & R Block, Inc., 509 F.2d 1263 (8th Cir. 1975); Kennedy v. Dixon, 439 S.W.2d 173 (Mo. banc 1969) (tort action); Nat’l Starch & Chem. Corp. v. Newman, 577 S.W.2d 99, 102 (Mo. App. W.D. 1978); Am. Inst. of...

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