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A contractual undertaking not to trade is void and unenforceable against the promisor as contrary to the public policy of promoting trade, unless the restraint of trade is reasonable to protect the interest of the purchaser of a business. [2] Restraints of trade can also appear in post-termination restrictive covenants in employment contracts.
The golden rule in English law is one of the rules of statutory construction traditionally applied by the English courts. The rule can be used to avoid the consequences of a literal interpretation of the wording of a statute when such an interpretation would lead to a manifest absurdity or to a result that is contrary to principles of public policy.
Other scholars define public policy as a system of "courses of action, regulatory measures, laws, and funding priorities concerning a given topic promulgated by a governmental entity or its representatives". [27] Public policy is commonly embodied in "constitutions, legislative acts, and judicial decisions". [28]
The primary method of developing public policy is through the legislative process outlined in Article One of the United States Constitution. Members of the United States Senate and the United States House of Representatives propose and vote on bills that describe changes to the law of the United States. These bills may be created on the ...
Art. 20. “Every person who, contrary to law, wilfully or negligently causes damage to another, shall indemnify the latter for the same.” Art. 21. “Any person who wilfully causes loss or injury to another in manner that is contrary to morals, good customs or public policy shall compensate the latter for the damage.”
Policy analysis or public policy analysis is a technique used in the public administration sub-field of political science to enable civil servants, nonprofit organizations, and others to examine and evaluate the available options to implement the goals of laws and elected officials.
The plain meaning rule attempts to guide courts faced with litigation that turns on the meaning of a term not defined by the statute, or on that of a word found within a definition itself. According to the plain meaning rule, absent a contrary definition within the statute, words must be given their plain, ordinary and literal meaning.
If based on an illegal purpose or contrary to public policy, a contract is void. This principle is codified by Article 3.3.1 of the Principles, which provides that: [ 5 ] Where a contract infringes a mandatory rule; [ g ] whether of national, international, or supranational origin; the effects of that infringement upon the contract are the ...