In England, until the middle of the 19th century, the courts generally applied the lex loci contractus as the proper law.
[1][2] In England, as of 1 October 1983,[3] when the parties express a clear intention in a choice-of-law clause, this is generally the proper law.
[4] In England, as of 1 October 1983,[3] when the parties have not used express words, their intention may be inferred from the terms and nature of the contract, and from the general circumstances of the case.
[5] In Mount Albert Borough Council v Australasian etc Assurance Society Ltd, it was held that, in default, the court has to impute an intention by asking, as just and reasonable persons, which law the parties ought to, or would, have intended to nominate if they had thought about it when they were making the contract.
[7] Some legal systems provide that a contract may be governed by more than one law.