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· 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 CourtListener

Sourced 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.