Also known as: lex loci delicti · lex loci contractus · law of the place
Written by attorneys · grounded in primary & secondary sources — see below
A choice-of-law principle directing a court to apply the substantive law of the place where a key event in the cause of action occurred.
Liam Larson, domiciled in State A, executes a will before a notary in Switzerland while maintaining an apartment lease there for extended work stays. After moving to State B and dying there, his spouse seeks probate. The court validates the will under Swiss execution rules because the testator had a place of abode in Switzerland at the time of signing.
Layla Lane, a U.S. citizen, suffers injury in a foreign country from an act by a U.S. government employee. She sues in federal court under the FTCA. The court applies the law of the foreign place where the injury occurred to determine liability and damages.
Select any source to read its text and confirm it supports the definition.
Lila Lin, injured in Pennsylvania by a railroad, sues in New York federal court. The court applies Pennsylvania law on the duty of care because the injury occurred there, following the forum state's choice-of-law rules.
Luis Lopez brings a state-law claim in federal court sitting in diversity. The court must follow the forum state's conflicts rules to select the substantive law of the place where the relevant conduct or injury took place.
Lucy Liu sues for injuries sustained in another state. The court rejects automatic application of the place-of-wrong rule and instead weighs all contacts to determine the most appropriate law.
Leah Lamb, injured on a foreign-flagged vessel, sues in U.S. court. The court weighs U.S. and foreign interests rather than mechanically applying the law of the place of injury.
The rule directs the court to apply the substantive law of the place where the injury occurred. This selection governs liability standards and available damages.
A will is valid if its execution complies with the law of the place where it was executed or the law of the testator's domicile or place of abode at execution or death. This alternative reference validates instruments that meet any listed jurisdictional standard.
Federal courts must follow the forum state's choice-of-law rules, which may incorporate lex loci principles to select the law of the place of injury or contracting. The approach prevents forum shopping by ensuring the same substantive law applies in federal or state court.
Courts may reject the mechanical place-of-wrong rule when other contacts, such as common domicile, create stronger reasons to apply a different state's law. Modern approaches weigh all relevant factors instead of defaulting to the injury location.
Admiralty courts avoid rigid application of the place-of-injury rule and instead balance U.S. interests against foreign regulatory concerns. The analysis considers the needs of a uniform federal maritime law and respect for foreign nations.
…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…