When there is more than one state, or more than one jurisdiction (state court, federal court) with a significant relationship to the parties and circumstances involved in a lawsuit or dispute, the question may arise as to which state or jurisdiction’s laws will govern the lawsuit or dispute. The body of law that determines what law governs a dispute is called conflict of laws and consists of legal principles courts use to determine which state or jurisdiction’s law applies—unless the parties to a dispute have agreed (usually in a contract) on what law will apply.
In Utah, as in other states, the issue of which jurisdiction's laws apply to a lawsuit or dispute is governed by the principles of conflict of laws, also known as choice of law. These principles are designed to resolve questions about the applicable law when multiple jurisdictions are involved. Utah courts will consider various factors to determine which state or jurisdiction has the most significant relationship to the parties and the issues in the dispute. Factors may include the location where a contract was signed or where a tort occurred, the residency or place of business of the parties, and the location of the property or transaction in question. If the parties have a valid choice of law clause in a contract, Utah courts will generally honor that agreement, unless it contradicts a fundamental policy of the state or is unjust. When no such agreement exists, Utah courts will apply conflict of laws principles to ensure that the most appropriate and relevant jurisdiction's laws are applied to the case at hand.