Read The obligation of contracts clause of the United States Constitution 1919 [Leather Bound]

The obligation of contracts clause of the United States Constitution 1919 [Leather Bound]

Warren Belknap Hunting

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Description:Excerpt from The Obligation of Contracts Clause of the United States ConstitutionThe obligation of a contract is, of course, chie?y deter mined by the language of the particular contract in ques tion, and the courts must necessarily interpret this language for themselves, so that, in many cases, perhaps in the greater part of those here reviewed, the court is engaged simply in construing the language of particular contracts. It is doing what any state court might have to do, under the ordinary law or under provisions in the state constitution, and which the Supreme Court itself might have had to do under the due process clause of the federal Constitution, as well as under the contracts clause. As one of the parties to these contracts is a State, however, a new aspect is put upon the question; the contract is no longer construed by the ordinary rules; it is interpreted in the light of a spe cial canon of construction that has been adopted by the courts, namely, that all such contracts are to be construed strictly against the grantee and in favor of the State. The general nature of this doctrine of strict construction must therefore be considered, and this will be followed by chap ters upon charters, special franchises, rate privileges and tax exemptions, all of which will be chie?y taken up with tracing the application of this doctrine to the facts of par ticular cases. The effect of mortgage foreclosures, consolidations, mer gers, sales and reorganizations of corporations is included in the study, first, because no Opinion can be given upon the question whether a corporation has or has not the privileges which belonged to its predecessor corporation unless one is familiar with the peculiar rules of law applicable to these transactions; secondly, because these rules very largely re sult from an application of the doctrine of strict con struction....We have made it easy for you to find a PDF Ebooks without any digging. And by having access to our ebooks online or by storing it on your computer, you have convenient answers with The obligation of contracts clause of the United States Constitution 1919 [Leather Bound]. To get started finding The obligation of contracts clause of the United States Constitution 1919 [Leather Bound], you are right to find our website which has a comprehensive collection of manuals listed.
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Description: Excerpt from The Obligation of Contracts Clause of the United States ConstitutionThe obligation of a contract is, of course, chie?y deter mined by the language of the particular contract in ques tion, and the courts must necessarily interpret this language for themselves, so that, in many cases, perhaps in the greater part of those here reviewed, the court is engaged simply in construing the language of particular contracts. It is doing what any state court might have to do, under the ordinary law or under provisions in the state constitution, and which the Supreme Court itself might have had to do under the due process clause of the federal Constitution, as well as under the contracts clause. As one of the parties to these contracts is a State, however, a new aspect is put upon the question; the contract is no longer construed by the ordinary rules; it is interpreted in the light of a spe cial canon of construction that has been adopted by the courts, namely, that all such contracts are to be construed strictly against the grantee and in favor of the State. The general nature of this doctrine of strict construction must therefore be considered, and this will be followed by chap ters upon charters, special franchises, rate privileges and tax exemptions, all of which will be chie?y taken up with tracing the application of this doctrine to the facts of par ticular cases. The effect of mortgage foreclosures, consolidations, mer gers, sales and reorganizations of corporations is included in the study, first, because no Opinion can be given upon the question whether a corporation has or has not the privileges which belonged to its predecessor corporation unless one is familiar with the peculiar rules of law applicable to these transactions; secondly, because these rules very largely re sult from an application of the doctrine of strict con struction....We have made it easy for you to find a PDF Ebooks without any digging. And by having access to our ebooks online or by storing it on your computer, you have convenient answers with The obligation of contracts clause of the United States Constitution 1919 [Leather Bound]. To get started finding The obligation of contracts clause of the United States Constitution 1919 [Leather Bound], you are right to find our website which has a comprehensive collection of manuals listed.
Our library is the biggest of these that have literally hundreds of thousands of different products represented.

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The obligation of contracts clause of the United States Constitution 1919 [Leather Bound]

The obligation of contracts clause of the United States Constitution 1919 [Leather Bound]

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