Also known as: lex loci · lex loci delicti · law of the place
Written by attorneys · grounded in primary & secondary sources — see below
A choice-of-law principle directing courts to apply the substantive law of the jurisdiction where the relevant event occurred or the property is situated. The rule selects the law of the place of execution for wills, the place of injury for torts, or the situs for interests in land.
Select any source to read its text and confirm it supports the definition.
Gina executed a will before a Swiss notary while maintaining a long-term apartment lease in Basel. After moving her domicile to State B, she died. The probate court applied Swiss law because the will was executed in Switzerland and Gina maintained a place of abode there at the time of execution. The instrument was therefore admitted to probate even though it failed to meet State B attestation requirements.
A wife was injured in a car accident in Missouri while riding with her husband. She sued him in Oklahoma. The court applied Missouri law because the accident occurred there. Missouri did not recognize interspousal tort liability, so the Oklahoma action was dismissed.
A Mexican citizen was abducted in Mexico and brought to the United States. He sued under the Federal Tort Claims Act for injuries suffered during the abduction. The court applied Mexican law because the last act necessary to establish liability occurred in Mexico. The claim was therefore barred by Mexican limitations rules.
A Delaware federal court heard a contract dispute between New York parties. The plaintiff sought prejudgment interest under New York law. The court applied Delaware choice-of-law rules, which selected New York substantive law on interest. New York interest rules therefore governed the recovery.
A pedestrian was struck by a train in Pennsylvania. He sued the railroad in federal court in Pennsylvania under diversity jurisdiction. The court applied Pennsylvania tort law, including its place-of-injury rule, rather than any general federal common law. Pennsylvania law therefore determined the railroad's liability.
An insurance policy issued in Wisconsin covered an accident in Minnesota. The insured's estate sued in Minnesota federal court. The court applied Minnesota choice-of-law rules and selected Minnesota law because the accident occurred in Minnesota. Minnesota uninsured-motorist rules therefore governed the claim.
Yes. Under Uniform Probate Code section 2-506 a will is valid if its execution complies with the law of the place where the will is executed or the law of the place where the testator is domiciled or has a place of abode at execution or death. A Swiss notary's execution therefore validates the will even if the testator later moves to a stricter jurisdiction.
Supporting sources
A federal court sitting in diversity must apply the choice-of-law rules of the state in which it sits. Those state rules often incorporate the lex loci principle for torts or contracts. The federal court therefore applies the substantive law selected by the forum state's place-based rule rather than creating a uniform federal common-law rule.
…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…
…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
…according to the type of case being tried in the forum. The measure of damages for breach of a contract is determined by the law of the place
…law that will govern liability. When the FTCA was passed, the dominant principle in choice-of-law analysis for tort cases was lex loci delicti
…of the place where the wrong occurred, has in recent years led a number of courts to reject the rule
Supporting sources
Yes. Courts apply the law of the situs to determine the validity and effect of conveyances of real property. A forum court therefore looks to the whole law of the state where the land is located, including that state's recording and priority rules, rather than the law of the forum or the parties' domiciles.
Supporting sources
Traditional lex loci delicti selects the law of the place where the injury occurred. Borrowing statutes and the FTCA likewise look to the jurisdiction in which the last act necessary to establish liability took place. The place of injury therefore supplies the governing substantive law even if the negligent act occurred elsewhere.
Supporting sources