Government trade terms function as optional facilities that private parties may adopt or replace
Evidence
Like the grades, moreover, the methods are entirely optional; the parties are free to choose any of the three they wish or any other. Thus, like the grades, they operate simply as facilities, which might, indeed, have been provided by a trade association rather than by the Government of the United States. β Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 1110
Categorization
- XREF: Connects to the earlier chapter observation that private trade customs are shaped by the official settlement system β here the government supplies default terms private parties adopt. β connects to: Private trade customs are shaped by the surrounding system of official settlements. β Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems inβ¦, 1048; Anti-discrimination policy justified barring private carrier-shipper agreements that vary from filed tariffs. β Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems inβ¦, 3947; Government contracts can control private conduct by inducement rather than regulation β Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems inβ¦, 837 (+2 more)
Broader Connections
- Regulated trade terms bind licensees to their defined meanings
#contradicts(0.85) β Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 1576 - Regulatory exemptions function as exploitable loopholes undermining enforcement
#qualifies(0.72) β Albert Bandura, Moral Disengagement, 1536