Carol E. Thouron v. Carol Victoria K. McCoy

I do not agree with the Court’s analysis that because Delaware stresses certainty in conflicts of laws issues, a Delaware court would apply the law of the marital domicile in an alienation of affections case. In Friday v. Smoot, 211 A.2d 594 (Del.1965), the Supreme Court of Delaware rejected the “most significant contacts” theory represented by Restatement Second, Conflict of Laws, § 145, and adhered to the traditional lex loci delicti conflicts of laws rule. The fact that this decision was based upon a desire for certainty in the application of Delaware's conflicts rule, 211 A.2d at p. 595,…