Texas
How Cross v. State of Michigan applies in Texas: state-specific rules, key cases, and bar exam notes for Contracts.
Texas courts apply the principles of governmental immunity and consent in contract claims against the state, paralleling the outcomes of Cross v. State of Michigan. The state retains immunity unless it has waived this immunity expressly through legislation.
In Texas, a governmental entity may only be sued for breach of contract if it has expressly waived its governmental immunity, typically outlined in statutes like the Texas Tort Claims Act.
Held that governmental immunity does not apply when the government enters into a valid contract.
Clarified that governmental immunity can be waived but must be specifically stated in the contract and statutory language.
The court emphasized the necessity of clear language in statutes for waiving immunity in contract disputes.
Texas law mirrors federal principles found in cases like Cross v. State of Michigan regarding limiting governmental liability in contract disputes. However, Texas places greater emphasis on express waivers through legislation.
Understanding the nuances of governmental immunity in contract cases is crucial for Texas bar exam candidates, as it frequently appears in exam questions.