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Omar Alhusayni Essay

Added on -2019-09-25

| 4 pages
| 978 words

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Omar AlhusayniEssay (5)Issue: Under the Oregon Rules applicable to Ms. Femp’s tort claims of sexualharassment (If they were enacted in California) , Ms. Femp’s claims should bebarred by the Argentina statute of limitations.Rules: “General rules. (1) Non-contractual claims between an injured person andthe person whose conduct caused the injury are governed by the law of the statedesignated in this section. (2)(a) If the injured person and the person whoseconduct caused the injury were domiciled in the same state, the law of that stategoverns... (b) For the purposes of this section, persons domiciled in different statesshall be treated as if domiciled in the same state to the extent that laws of thosestates on the disputed issues would produce the same outcome.Or.Rev.STAT.ANN.Section15.440(2013) “Determining domicile: For the purposesof ORS 15.400 to 15.460: (1)(a) The domicile of a natural person is in the state inwhich the person resides with the intent to make it the person’s home for anindefinite period of time. (4) If a party demonstrates that application to a disputedissue of the law of a state other than the state designated by subsection (2) or (3)of this section is substantially more appropriate under the principles of ORS15.445, that issue is governed by the law of the other state.”Or.Rev.STAT.ANN.Section15.420(2013)
“General and residual approach: Except as provided in ORS 15.430, 15.435,15.440 and 15.455, the rights and liabilities of the parties with regard to disputedissues in a non-contractual claim are governed by the law of the state whosecontacts with the parties and the dispute and whose policies on the disputed issuesmake application of the state’s law the most appropriate for those issues. The mostappropriate law is determined by: (1) Identifying the states that have a relevantcontact with the dispute, such as the place of the injurious conduct, the place ofthe resulting injury, the domicile, habitual residence or pertinent place of businessof each person, or the place in which the relationship between the parties wascentered; (2) Identifying the policies embodied in the laws of these states on thedisputed issues; and (3) Evaluating the relative strength and pertinence of thesepolicies with due regard to: (a) The policies of encouraging responsible conduct,deterring injurious conduct and providing adequate remedies for the conduct...”Or.Rev.STAT.ANN.Section15.445(2013). “Claims governed by Oregon law.Notwithstanding ORS 15.440, 15.445 and 15.455, Oregon law governs non-contractual claims in the following actions: (2) Actions in which none of the partiesraises the issue of applicability of foreign lawOr.Rev.STAT.ANN.Section15.430(2013)Application:1)Whether Oregon Rule on choice of law is applicable in California: Oregon Rule on choice of law is enacted in California , because neither Mr.Exec, nor the employer JVCO , nor Ms Femp have raised the issue of applicabilityof foreign law. Therefore, Oregon Rule should be applied in determining thegoverning law on this issue.

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