 Despite the fact that other words such as 'negligence,' 'incompetence,' 'capriciousness,' and 'arbitrary' have been used in the course of the opinions, this Court has consistently upheld the finality of the department head's decision unless it was founded...  Review of Finality Clauses in Government Contracts: Hearings Before ... - Page 41by United States. Congress. House. Committee on the Judiciary, United States. Congress. House. Committee on the Judiciary. Subcommittee No. 1 - 1954 - 145 pagesFull view - About this book
 | United States. Court of Claims, Audrey Bernhardt - Law reports, digests, etc - 1952 - 932 pages
...the finality of the department head's decision unless it was founded on fraud, alleged and proved. So fraud is in essence the exception. By fraud we mean...must stand under the plain meaning of the contract. If the conclusiveness of the findings under Article 15 is to be set aside for fraud, fraud should be... | |
 | Courts-martial and courts of inquiry - 1951 - 902 pages
...unless it was founded on fraud, alleged and proved. Fraud is in essence the exception. By fraud is meant conscious wrongdoing, an intention to cheat or be...must stand under the plain meaning of the contract. If the conclusiveness of the findings under Article 15 is to be set aside for fraud, fraud should be... | |
 | United States. Congress. Senate. Committee on the Judiciary - Judicial review - 1952 - 160 pages
...the Supreme Court held that under such contract provision the decision of the deciding official on a question of fact remains final — • unless it was...essence the exception. By fraud we mean conscious wongdoing, an intention to cheat or be dishonest. The decision of the department head, absent fraudulent... | |
 | United States. Congress. Senate. Committee on the Judiciary - Administrative procedure - 1952 - 592 pages
...the Supreme Court held that under such contract provision the decision of the deciding official on a question of fact remains final — unless it was founded...essence the exception. By fraud we mean conscious wongdoing, an intention to cheat or be dishonest. The decision of the department head, absent fraudulent... | |
 | United States. Department of the Army - Contracts - 1962 - 576 pages
...the finality of the department head's decision unless it was founded on fraud, alleged and proved. So fraud is in essence the exception. By fraud we mean...must stand under the plain meaning of the contract. If the decision of the department head under Article 15 is to be set aside for fraud, fraud should... | |
 | United States. General Accounting Office - Finance, Public - 1966 - 1076 pages
...and proved." "So fraud is in essence the exception," it was stated, but the opinion went on to say, "By fraud we mean conscious wrongdoing, an intention to cheat or be dishonest." Because of the apparent intention to narrow the exception to actionable fraud of Government representatives,... | |
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