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  • Babcock V Jackson

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    Celest Atas
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    Babcock and Jackson, residents of New York, were in a car accident while traveling in Ontario, Canada. Babcock sued Jackson in New York for injuries suffered in the accident. Jackson argued that Ontario law should apply since the accident occurred there, and under Ontario law drivers are not liable for injuries to passengers unless receiving compensation. However, the court ruled that New York law should apply instead, as the policy of Ontario's law is to protect Ontario defendants and insurers from fraud, not a New York plaintiff and insurer, even though the accident took place in Ontario.

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    Babcock v Jackson

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    Babcock and Jackson, residents of New York, were in a car accident while traveling in Ontario, Canada. Babcock sued Jackson in New York for injuries suffered in the accident. Jackson argued that Ontario law should apply since the accident occurred there, and under Ontario law drivers are not liable for injuries to passengers unless receiving compensation. However, the court ruled that New York law should apply instead, as the policy of Ontario's law is to protect Ontario defendants and insurers from fraud, not a New York plaintiff and insurer, even though the accident took place in Ontario.

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    188 views1 page

    Babcock V Jackson

    Uploaded by

    Celest Atas
    Babcock and Jackson, residents of New York, were in a car accident while traveling in Ontario, Canada. Babcock sued Jackson in New York for injuries suffered in the accident. Jackson argued that Ontario law should apply since the accident occurred there, and under Ontario law drivers are not liable for injuries to passengers unless receiving compensation. However, the court ruled that New York law should apply instead, as the policy of Ontario's law is to protect Ontario defendants and insurers from fraud, not a New York plaintiff and insurer, even though the accident took place in Ontario.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    BABCOCK V JACKSON

    Summary: NY residents Babcock and Jacksons took a trip to Canada. On Ontario, Babcock was injured when Mr Jackson lost
    control of the car. The former filed a complaint in NY. The latter field an MTD alleging that Ontario law governs because the
    accident occurred there and under such law the driver is not liable unless he is engaged in carrying passengers for
    compensation.

    Doctrine: In resolving which law to use, the Court looked at the policies of the States. The policy behind the guest statute of
    Ontario is to prevent collusion between passengers and drivers who might defraud insurers. Those sought to be protected
    are Ontario defendants and their insurance carriers. Whether an NY insurer is defrauded by the NY plaintiff is hardly a
    concern of Ontario just because it is where the accident happened.

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