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To decide whether to apply federal law, Justice Kennedy applied a two-part test from Lugar v. Edmondson Oil Co. [4] The first part of the test is whether the constitutional deprivation, in this case the right to a fair and impartial jury, resulted from a right rooted in state authority. Kennedy found, almost summarily, that peremptory ...
United States v. Spearin, 248 U.S. 132 (1918), also referred to as the Spearin doctrine, is a 1918 United States Supreme Court decision. It remains one of the landmark construction law cases. [1]
In the court case S.J. Amoroso Construction Co. v. U.S., 26 Cl. Ct. 759 (1992), Judge Plager wrote an opinion suggesting that the court had used the Christian Doctrine to resolve a case that could have been resolved more satisfactorily using other legal principles. He argued for very limited use of the Christian Doctrine based on the following ...
Ruxley Electronics and Construction Ltd v Forsyth [1995] UKHL 8 is an English contract law case, concerning the choice between an award of damages for the cost of curing a defect in a building contract or (when that is unreasonable) for awarding damages for loss of "amenity".
This case featured the first example of judicial review by the Supreme Court. Ware v. Hylton, 3 U.S. 199 (1796) A section of the Treaty of Paris supersedes an otherwise valid Virginia statute under the Supremacy Clause. This case featured the first example of judicial nullification of a state law. Fletcher v.
Chartbrook Ltd v Persimmon Homes Ltd [2009] UKHL 38 is an English contract law case concerning interpretation of contracts.It creates a so-called "red ink" rule, that there is no limit to verbal rearrangement that the court may deploy to give a commercial sensible meaning when construing a contract in its bargaining context.
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Pages in category "United States contract case law" The following 84 pages are in this category, out of 84 total. ... Atlantic Marine Construction Co. v. United ...