For purposes of determining contract interpretation, Florida
courts apply the
lex loci contractus choice-of-law rule.
The Supreme Court of Florida observed that
lex loci
contractus is an inflexible rule that exists to ensure stability in contract arrangements. Under
lex loci contractus, a contract (other than one for the
performance of services) is governed by the law of the state in
which the contract is made, i.e., where the last act necessary to
complete the contract is done. But what s the last
act? That s a good question to which the courts have
failed to provide a clear answer.
According to the Eleventh Circuit Court of Appeals, the