If one starts with the assumption that, in the absence of specific Congressional authority, a fixed rule of law precludes contracting officers from providing in a Government contract terms reasonably calculated to assure its performance even though there be no money loss through a particular default, there is no problem. But answers are not obtained by putting the wrong question and thereby begging the real one.
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About Felix Frankfurter
Felix Frankfurter was a 19th-century American jurist. Felix Frankfurter was an American jurist who served as an Associate Justice of the Supreme Court of the United States from 1939 until 1962, advocating judicial restraint. Read more on Wikipedia →