Editing Contracts/Governing law
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==General Rules== | ==General Rules== | ||
''See generally '''[[ | ''See generally '''[[Conflict of Laws]]'''.'' | ||
A contract is governed as to its intrinsic validity and effect by the law with reference to which the parties intended, or fairly may be presumed to have intended, to contract,<ref name ="intent">"The general principle is that a contract is to be governed by the law with a view to which it was made, and this is a question of intention, to be deduced, when not expressly declared, from the place, terms, character, and purposes of the transaction." [[Croissant v. Empire State Realty Co.]], 29 App. (D.C.) 538.</ref> the real place of the contract being a matter of mutual intention, except in exceptional circumstances evincing a purpose in making the contract to commit a fraud on the law.<ref>[[International Harvester Co. v. McAdam]], 142 Wis. 114, 118, 124 NW 1042, 26 LRANS 774, 20 AnnCas 614.<br /> | A contract is governed as to its intrinsic validity and effect by the law with reference to which the parties intended, or fairly may be presumed to have intended, to contract,<ref name ="intent">"The general principle is that a contract is to be governed by the law with a view to which it was made, and this is a question of intention, to be deduced, when not expressly declared, from the place, terms, character, and purposes of the transaction." [[Croissant v. Empire State Realty Co.]], 29 App. (D.C.) 538.</ref> the real place of the contract being a matter of mutual intention, except in exceptional circumstances evincing a purpose in making the contract to commit a fraud on the law.<ref>[[International Harvester Co. v. McAdam]], 142 Wis. 114, 118, 124 NW 1042, 26 LRANS 774, 20 AnnCas 614.<br /> |