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The nature of the Tyler-Texas negotiations caused a national outcry, in that "the documents appeared to verify that the sole objective of Texas annexation was the preservation of slavery." [ 111 ] A mobilization of anti-annexation forces in the North strengthened both major parties' hostility toward Tyler's agenda.
Fifth Circuit Court of Appeals make guesses as to how the Texas Supreme Court would rule on an issue of state law that is still unsettled due to a conflict among the intermediate courts of appeals. [1] Such an issue may also be referred to the Texas Supreme Court by certified question, [2] but this procedure is rarely employed.
Gag orders can be part of a settlement agreement between two parties. In the state of Pennsylvania in 2011, a lifetime gag order on the discussion of fracking was agreed to by a family as part of their agreement with the oil and gas drilling company Range Resources. An attorney for Range Resources claimed in court that the gag order covered not ...
Accord and satisfaction is a settlement of an unliquidated debt. For example, a builder is contracted to build a homeowner a garage for $35,000. The contract called for $17,500 prior to starting construction, to disburse $10,000 during various stages of construction, and to make a final payment of $7,500 at completion.
As such, those states treat different terms in the same manner as additional terms. The majority rule, however, is that different terms do not become part of the contract; rather, both of the conflicting terms—from both parties—are removed from the contract. This is known as the knockout rule. Any "gaps" resulting from the removal of these ...
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