JB/028/123/003

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19)

Common Law.

their mind, if they choose it wish it, is rather hard. If one only
it seems equally hard not to let him change his: considering
that nothing before the signature and
delivery nothing is ever understood to pass; and this signature and delivery the alteration
in question is supposed to precede. A hint dropt
by our author may help us to the origin of this error;
for as such I cannot help considering it. "The first Deed"
he says, "and the last will are always most available in
Law". His argument stands thus. There is a reason (and
certainly there is a very good reason, though what it is he
has not told us) there is a reason says he, why if two
repugnant Deeds, the latter should be obligatory in preference to
the first: there is the same reason why if two repugnant clauses
in one and the same deed there the latter should be in
like manner be preferred. Of this reason our Author thought
he had given an a sufficient account when he had said that
it lay in the different natures of the two instruments:
which is saying just nothing. However a very good reason
there is as we shall see: and when we see it, we shall
see that it does not apply to two clauses in one and
the same deed it does not apply. The reason of giving
the sanction of Law to a man's promise is the expectation
which they it raises of some good, some source of pleasure
which is to accrue to the promisee from the performance of it: which
expectation if disappointed turns into pain. Now by
a promise before it is communicated, no expectation
is raised: [consequently none there is none to disappoint]
or to speak more properly, the act of the mind in question

Identifier: | JB/028/123/003 "JB/" can not be assigned to a declared number type with value 28.
Date_1		Marginal Summary Numbering
Box	028	Main Headings	comment on the commentaries
Folio number	123	Info in main headings field	common law
Image	003	Titles
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	b17 f17 / e18 / b19 f19 / e20
Penner	jeremy bentham	Watermarks	[[watermarks::[monogram] [britannia with shield emblem]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	9388
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