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In contract law, the lex loci contractus is the Law Latin term meaning "law of the place where the contract is made". [ 1 ] [ 2 ] It refers (in the context of conflict of laws ) to resolving contractual disputes among parties of differing jurisdictions by using the law of the jurisdiction in which the contract was created.
Locus in quo means, in British common law, the "scene of the event" [15] The phrase comes from the Latin language, meaning "The place in which". [16] [17] [18] In civil cases, locus in quo refers to "the place where the cause of action arose", that is, the land to which the defendant trespassed. [19]
In Mount Albert Borough Council v Australasian etc Assurance Society Ltd, it was held that, in default, the court has to impute an intention by asking, as just and reasonable persons, which law the parties ought to, or would, have intended to nominate if they had thought about it when they were making the contract. [6] But see The Assunzione. [7]
Austin said: Rights in rem sometimes arise from an instrument which is called a contract, and are, therefore, said to arise from a contract; the instrument in these cases wears a double aspect or has a twofold effect: to one purpose it gives jus in personam and is a contract, to another purpose it gives jus in rem and is a conveyance.
The exceptio non adimpleti contractus is a defence that can be raised in the case of a reciprocal contract.In essence, it is a remedy that allows a party to withhold his own performance, accompanied by a right to ward off a claim for such performance until the other party has duly performed his or her obligations under the contract.
[14] Writing for Locus, Gary K. Wolfe called Luna "the best moon novel I've seen in many years", noting that "the most relentless, merciless, unforgiving character of all is the lunar setting, which McDonald manages to present as utterly boring and absolutely terrifying at the same time."
Locus iste is the Latin gradual for the anniversary of the dedication of a church (Missa in anniversario dedicationis ecclesiae), which in German is called Kirchweih. [1] The incipit Locus iste a Deo factus est translates to "This place was made by God". [2] One of the most famous settings is by the Austrian composer Anton Bruckner.
Locus amoenus (Latin for "pleasant place") is a literary topos involving an idealized place of safety or comfort. A locus amoenus is usually a beautiful, shady lawn or open woodland, or a group of idyllic islands, sometimes with connotations of Eden or Elysium .