Skip to content
NeCede's

Maxim 6.3.20

Contracts have no locality. The obligation of a contract is purely personal, and actions to enforce it may be brought anywhere.

Source: 2 Inst. 231; 1 Smith, Lead. Cas. 340, 363; Story, Confl. Laws, s. 362; Weisman, 24e Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) A contract is a personal obligation that travels with the parties and may be enforced in any jurisdiction where the defendant can be found — the obligation has no fixed locality.

Where this applies

  • A man signs a contract in Texas but moves to California, and the creditor sues him in California — the contract follows the person, not the place.
  • A loan agreement made in New York can be enforced in Florida where the debtor now lives, because contractual obligations have no fixed locality.
  • An online seller based in one state is sued by a buyer in another state for breach of contract, and the court holds that the personal obligation travels with the parties.

Legal domains

Cite this maxim

NeCede Max. 6.3.20 — Contracts have no locality. The obligation of a contract is purely personal, and actions to enforce it may be brought anywhere. — 2 Inst. 231; 1 Smith, Lead. Cas. 340, 363; Story, Confl. Laws, s. 362; Weisman, 24e

Found an error? Suggest a correction →