What is the test for establishing that a contract is in the nature of a private contract?
"New York", United States of America
The following excerpt is from Alliance of American Insurers v. Chu, 569 N.Y.S.2d 364, 571 N.E.2d 672, 77 N.Y.2d 573 (N.Y. 1991):
"It is never to be assumed * * * that the state has * * * fettered its power in the future, except upon clear and irresistible evidence that the engagement was in the nature of a private contract, as distinguished from a mere act of general legislation; and that such, in the particular instance, was [77 N.Y.2d 603] the actual and deliberate intention of the state authorities." (People v. Roper, 35 N.Y. 629, 633 [emphasis added].)
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