failing-company doctrine. Antitrust. The rule that allows an otherwise proscribed merger or acquisition between competitors when one is bankrupt or near failure. 15 USCA §§ 12–27. — Also termed failing-firm defense. [Cases: Monopolies 20(1). C.J.S. Monopolies §§ 106–111, 115–116, 125.] “The 1992 guidelines provide a limited defense for failing firms and failing divisions of firms. […]
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frustration of purpose doctrine 合同目的落空原则 法院创设的一个规则：在由于合同一方当事人不能控制的原因使合同履行的客观目的不复存在时，该当事人的履行义务可被解除。
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substantial-performance doctrine. The rule that if a good-faith attempt to perform does not precisely meet the terms of an agreement or statutory requirements, the performance will still be considered complete if the essential purpose is accomplished, subject to a claim for damages for the shortfall. • Under the Uniform Probate Code, a will that is
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business-purpose doctrine. Tax. The principle that a transaction must serve a bona fide business purpose (i.e., not just for tax avoidance) to qualify for beneficial tax treatment. [Cases: Internal Revenue 3071, 3315, 3396. C.J.S. Internal Revenue §§ 13–14, 151.]
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inception of title doctrine 所有权开始说 夫妻共有财产法〔community-property law〕的原则，指夫妻财产的区分单独所有或共有应始于配偶财产〔spouse’s title〕开始取得时。
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after-acquired-title doctrine. The principle that title to property automatically vests in a person who bought the property from a seller who acquired title only after purporting to sell the property to the buyer. [Cases: Vendor and Purchaser 8. C.J.S. Vendor and Purchaser § 6.]
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Clearfield Trust doctrine. The doctrine describing the federal courts’ power to make federal common law when there is both federal lawmaking power to do so and a strong federal interest in a nationally uniform rule. Clearfield Trust Co. v. United States, 318 U.S. 363, 63 S.Ct. 573 (1943). Cf. ERIE DOCTRINE . [Cases: Federal Courts
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The doctrine preventing infringement liability when the invention is substantially described by the claims of another’s patent but performs the same or similar function in a substantially different way.
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center-of-gravity doctrine. Conflict of laws. The rule that, in choice-of-law questions, the law of the jurisdiction with the most significant relationship to the transaction or event applies. — Also termed significant-relationship theory; grouping-of-contacts theory. [Cases: Action 17. C.J.S. Actions §§ 18–20; Conflict of Laws §§ 2–3, 12, 15, 20, 23, 27–32, 34–40, 42–48, 50–65, 96–97,
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substitution-of-judgment doctrine. Administrative law. The standard for reviewing an agency’s decision, by which a court uses its own independent judgment in interpreting laws and administrative regulations — rather than deferring to the agency — when the agency’s interpretation is not instructive or the regulations do not involve matters requiring the agency’s expertise. [Cases: Administrative Law
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