TAILIEUCHUNG - Gale Encyclopedia Of American Law 3Rd Edition Volume 10 P6

Gale Encyclopedia of American Law Volume 10 P6 fully illuminates today's leading cases, major statutes, legal terms and concepts, notable persons involved with the law, important documents and more. Legal issues are fully discussed in easy-to-understand language, including such high-profile topics as the Americans with Disabilities Act, capital punishment, domestic violence, gay and lesbian rights, physician-assisted suicide and thousands more. | 38 TIME IS OF THE ESSENCE TIME IS OF THE ESSENCE A phrase in a contract that means that performance by one party at or within the period specified in the contract is necessary to enable that party to require performance by the other party. Failure to act within the time required constitutes a breach of the contract. The general rule is that time is not of the essence unless the contract expressly so provides. As a result with respect to real estate transactions the modern view is that time is not of the essence unless the parties have manifested such an intent. The same is generally true in construction contracts and in contracts relating to the manufacture of goods. When time is not of the essence courts generally permit parties to perform their obligations within a reasonable time. TIME PLACE AND MANNER RESTRICTIONS Limits that government can impose on the occasion location and type of individual expression in some circumstances. The first amendment to the . Constitution guarantees freedom of speech. This guarantee generally safeguards the right of individuals to express themselves without governmental restraint. Nevertheless the Free Speech Clause of the First Amendment is not absolute. it has never been interpreted to guarantee all forms of speech without any restraint whatsoever. instead the . supreme court has repeatedly ruled that state and federal governments may place reasonable restrictions on the time place and manner of individual expression. Time place and manner TPM restrictions accommodate public convenience and promote order by regulating traffic flow preserving property interests conserving the environment and protecting the administration of justice. The Supreme Court has developed a four-part analysis to evaluate the constitutionality of TpM restrictions. To pass muster under the First Amendment TpM restrictions must be content-neutral be narrowly drawn serve a significant government interest and leave open alternative channels of .

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