· 1/26/1998
Rayle Tech, Inc., D.B.A. Callaway Farms v. Dekalb Swine Breeders, Inc.
Citations
- 133 F.3d 1405
- 34 U.C.C. Rep. Serv. 2d (West) 641
- 1998 U.S. App. LEXIS 1029
- 1998 WL 27290
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- declining to apply an Illinois choice-of-law provision to tort claims since the provision stated that the contract “shall be governed by” Illinois law
- applying because the plaintiff’s claim sounded in tort, alleging that the defendant “breach[ed] [a] duty imposed by law and not merely [one] . . . imposed by the contract itself”
- “Under Georgia’s choice of law rules, parties by contract may stipulate that the laws of another jurisdiction will govern the transaction.”
- “The rule of lex loci contractus mandates that the validity, nature, construction, and interpretation of a contract are governed by the substantive law of the state where the contract was made.”
- “[P]arties by contract may stipulate that the laws of another jurisdiction will govern the transaction, unless . . . the chosen jurisdiction has no substantial relationship to the parties or the transaction.”
- “For an action stemming from a breach of a duty growing out of a contractual relation to be classified as tortious, the breach must be shown to have been a breach of duty imposed by law and not merely the breach of a duty imposed by the contract itself”
Source: CourtListener parenthetical corpus (CC0).
Judges: Tjoflat, Birch, Smith
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.