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Section 19. Situs Of The Making Of The Contract |
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This section is from the book "Popular Law Library Vol3 Contracts Agency", by Albert H. Putney. Also see: Popular Law-Dictionary.
The situs of a contract, or the locus contractus is not necessarily a single place, but may consist of one place for one purpose, and another place for another purpose. "The truth is that a contract in its entirety is made up of many different elements, each of which may be the subject of separate judicial investigation. Some of these may be express, others implied; some may depend for their effect solely upon the intention of the parties, while the effect of others is to be determined by law and policy, without regard to the parties intention."25
The five important elements each of which may have a separate situs, are the making of the contract, the performance, the consideration, the interpretation, and the remedy.
25 Minor's Conflict of Laws, Section 154.
The situs of the making of a contract is the place where the last act takes place which renders the contract binding.
The question of the proper situs of each of these elements, and the laws which will govern in questions affecting each will be taken up under the subject of Conflict of Laws28 and, therefore, to save repetition will not be discussed at this place.
26 Volume XII, Subject 39.
 
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