Asked in Business Law and Contracts for New York

Q: Business contracts from one state to another.

When 2 parties enter into an agreement involving provision of a service in different state than they are located, which state law prevails, the state they are located or the state that the work actually occurs?

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2 Lawyer Answers
Michael David Siegel
Michael David Siegel
Answered
  • New York, NY
  • Licensed in New York

A: It depends if the contract chooses a law, then that governs. If no law is chosen, it depends on the issue. There is a whole academic topic called "Conflict of Laws" on this issue.

Barry E. Janay
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Answered
  • Livingston, NJ
  • Licensed in New York

A: Most likely the site of the work.... There may be some agreement that say otherwise between the parties and that may govern however. The parties can always agree to become subject to jurisdiction and choose the law that applies within reason as well.

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