Choice of Law Clauses
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Statutes
Governed by common law.
Cases
"Rhode Island recognizes choice of law clauses in contracts subject to the limitation that there must be a reasonable relation to the state whose law has been chosen to apply. As long as a reasonable relation is established, the parties’ choice of law will be upheld. Schofield v. French, 36 F. Supp. 2d 481, 489 (D.R.I. 1999).
The language in a choice of law provision must be unambiguous to be upheld. The Supreme Court of Rhode Island has held that the language “subject to” was not explicit enough to create an enforceable choice of law provision. DeCesare v. Lincoln Benefit Life Co., 852 A.2d 474, 481 (R.I. 2004)."
The language in a choice of law provision must be unambiguous to be upheld. The Supreme Court of Rhode Island has held that the language “subject to” was not explicit enough to create an enforceable choice of law provision. DeCesare v. Lincoln Benefit Life Co., 852 A.2d 474, 481 (R.I. 2004)."
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Contributors
Edward H. Kammerer, Esq.
Edwards & Angell, LLP
The statutory information was edited and reviewed with the support of MultiState
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