Also known as: lex loci · lex loci delicti · lex loci contractus · lex loci delicti commissi · law of the place · place of the wrong · place of contracting
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A traditional choice-of-law rule that selects the substantive law of the place where a tort occurred to govern the claim.
A traditional choice-of-law rule that selects the substantive law of the place where a contract was formed to govern the claim.
Each sense below has its own examples, sources, and questions.
A traditional choice-of-law rule that selects the substantive law of the place where a tort occurred to govern the claim.
Select any source to read its text and confirm it supports the definition.
A traditional choice-of-law rule that selects the substantive law of the place where a contract was formed to govern the claim.
Select any source to read its text and confirm it supports the definition.
Lena Lawson suffered injury in Missouri during a trip with her husband Leo Lynch. She later sued him in Oklahoma. The court applied Missouri law under the place-of-the-tort rule and dismissed the claim because Missouri did not recognize interspousal tort actions.
Lamar Lewis alleged wrongful acts abroad that caused injury in a foreign jurisdiction. He filed suit in federal court after the foreign limitations period expired. The court applied the law of the place where the injury occurred and dismissed the claim as time-barred.
Loyal Insurance defended a negligence suit arising from an accident in State P. The federal court in State E applied State P law to the substantive issues. The court reasoned that the place of the tort supplied the governing rules under the applicable choice-of-law framework.
Lex loci delicti mechanically selects the law of the place where the injury occurred. Modern approaches weigh multiple contacts and state policies instead of applying a single rigid factor.
Supporting sources
A federal court in diversity must apply the choice-of-law rules of the state where it sits. Those state rules may themselves direct application of the law of the place of the tort or contract.
Supporting sources
Latoya Lane executed a will before a Swiss notary while maintaining an apartment lease in Basel. After moving her domicile to State B and dying there, her spouse sought probate. The court applied the law of the place of execution and abode at signing to uphold the will despite stricter State B formalities.
Levi Lowe contracted with Lunar Dynamics for payment due in New York. After breach, the parties disputed whether interest accrued under Delaware or New York rules. The court applied New York law as the place of performance to determine the interest obligation.
Lucy Liu sued Legacy Motors in federal court in Arizona over a contract performed in Arizona. The parties disagreed on whether Nevada or Arizona law applied. The court followed Arizona choice-of-law rules, which selected the law of the place of performance.
Lex loci contractus traditionally governs validity and formation. Issues of performance details are often governed by the law of the place of performance under related rules.
Supporting sources
…that § 34 "has been uniformly held to be no more than a declaration of what the law would have been without it: to wit, that the lex loci must be the governing rule of private right, under whatever jurisdiction private right comes to be examined." See also Bank of Hamilton v. Dudley's Lessee , 2 Pet. 492, 525. Compare…