Babcock vs.

Jackson
12 NY2d 473
May 9, 1963

DON CHRISTIAN E. SANTIAGO

UE COLLEGE OF LAW
CONFLICTS OF LAW
STATEMENT OF FACTS
Babcock vs. Jackson

Georgia Babcock, William Jackson, and Mabel Jackson are friends all living in New
York.
They went on a week-end trip to Canada.
Upon reaching Ontario, William lost control of the car which led to an accident.
Georgia was seriously injured.
Georgia filed a complaint before the court of New York.
At the time of the accident, the law of Ontario provides that the owner or driver shall
not be liable for any loss or damage or injury to the passengers if the driver is not
engaged in the business of carrying passengers for compensation.
ISSUE
Babcock vs. Jackson

Shall the law of the place of the tort govern the availability of relief for the tort or
shall the applicable choice of law rule also reflect a consideration of other factors
which are relevant to the purposes served by the enforcement or denial of the remedy?
DISCUSSION
Babcock vs. Jackson

Traditionally, substantive rights and liabilities arising out of a tortious events are
determinable by the law of the place where the tort occurred. (Vested Rights Doctrine)
The Courts, instead of regarding as conclusive the parties’ intention or the place of the
making or performance, lay emphasis rather upon the law of the place which has the
most significant contracts with the matter in dispute. (Center of Gravity Theory)
RULING
Babcock vs. Jackson

Justice, fairness, and best practical result may be best achieved by giving controlling
effect to the law of the jurisdiction which has the greatest concern with the specific
issue raised in the litigation.
The concern of New York unquestionably the greater and more direct and that the
interest of Ontario is at best minimal.
The case involves citizens of New York riding a car which was registered in New York
whereas, Ontario’s sole relationship with the event was that the accident occurred there.
Where the issue involves standard of conduct, what shall apply is the law of the place
where the tort occurred. Otherwise, it must be the law of the place which has the
strongest interest in the resolution of the particular issue presented.