Locus delicti

LOCUS DELICTI. The place where the tort, offence, or injury has been committed.

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This rule requires reference to the laws of two places before action could be taken-the law of the forum (the lex fori) and the law of the place of the tort (the lex locus delicti).

Jurisdiction and choice of law rules for defamation actions in Australia following the Gutnick case and the Uniform Defamation Legislation

Dow insisted that this situs was New Jersey while plaintiff pointed to Victoria as the locus delicti. From the latter proposition, plaintiff reasoned that Victoria was an appropriate forum.

In action against Dow Jones & Co. for libel over Internet, Australian High Court rules that tort took place at point where subscribers downloaded it in Victoria State, plaintiff's work place, thus Victorian defamation law governs and its courts are appropriate fora in which to litigate

First, both parties agree that the forum for deciding this case should be at the locus delicti. There is a dispute, however, as to where this is.

In dispute over allegedly defamatory article published in Barrons Magazine, Victoria, Australia, court reviews whether there is jurisdiction based on publication in the internet, whether there is long-arm jurisdiction, and whether Victoria, rather than New Jersey, is an appropriate forum