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 in…, 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 in…, 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 in…, 837 (+2 more)

Broader Connections