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4)
Common Law. Particular Customs.
We now come to the second branch our Author makes
of the Unwritten Law: namely, Particular Customs.
On this head we shall the less need to be particular diffuse
having been so full in the foregoing.
he alone acts is in use to enter into that contract,
but that he is in more frequent use that an other
is. When a man is so much in use to enter into
it buy and sell that he may be presumed to reckon
upon the profit, and to upon that profit as a part
at least of his settled livelyhood, he is deemed by
law a trader, for the purpose of being liable to be
declared a Bankrupt.
Now the g Common Law, (such is general rule
of it, after certain exceptions made) adopts all contracts:
turns them in so many regulations, the terms purport
of which is settled by the parties, while the law binds
them its binding force.
If then the Contracts made enter'd into between traders
is different from a contract enter'd into by
two other men; so equally so may be the contract
I enter'd into by those two other men from one
enter'd into by any third pair. The law relative
to the contract of either of these two last pairs, would
not be reckoned different from the Common
Law, for since it would be a part of it. Why any more should
that relative to the contract between the first?
Identifier: | JB/028/153/004 "JB/" can not be assigned to a declared number type with value 28.
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028 |
comment on the commentaries |
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153 |
common law particular customs |
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004 |
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text sheet |
4 |
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recto |
b1 / e2 / b3 / e4 |
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jeremy bentham |
[[watermarks::[monogram] [britannia emblem]]] |
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9418 |
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