Legal Definitions - comparative-impairment test

A comparative-impairment test is a legal test used in conflict of laws cases. It helps determine which forum's law should be applied in a case by asking which forum's policies would be most negatively affected if its law was not applied.

Let's say a person is injured in a car accident while driving from New York to New Jersey. The injured person wants to sue the other driver for damages. However, the laws regarding car accidents are different in New York and New Jersey. So, which state's law should be applied?

The comparative-impairment test would be used to answer this question. The court would consider which state's policies would be most negatively affected if its law was not applied. For example, if New York has stricter laws regarding car accidents and the accident occurred in New York, then New York's law would likely be applied. This is because New York's policies would be more impaired if its law was not applied.

Another example could be a case involving a contract dispute between a company in California and a company in Texas. The comparative-impairment test would be used to determine which state's law should be applied based on which state's policies would be most negatively affected if its law was not applied.

In summary, the comparative-impairment test is a legal test used to determine which forum's law should be applied in a case based on which forum's policies would be most negatively affected if its law was not applied.