JB/028/154/001

Click Here To Edit

5)

Common Law. Particular Customs.

This first part indeed may be reckon'd different from
another part just as any other may: but with what
propriety can one any more than another be said
to be different from the whole?

In two circumstances particulars it may be that the law relative
to contracts between Merchants Traders may shall be different
from the Law relative to the same contracts between
other people. It is not all contracts between of all persons that
the Law adopts. It may be, that a contract which
if made by two persons not merchants it would not adopt,
made between two that are merchants it will.
The forms of contracting are short and imperfect:
many conditions and consequences that are intended
and many others that if thought of would have
been intended to be annext are not expressed. I have a horse It may be
that a condition which to a contract enter'd into between
persons not traders it would not annex, to
a contract between persons that are traders it would, or vice versâ.

In either of these cases the Common Law relative to
it Traders may be said to be "different" from the
Common Law relative to other people. But with
what propriety can a branch of Law which with
respect to it's field of jurisdiction is to diffusive, be
tiled particular? A custom concerning Carriers
[is] the general custom of the realm: A custom concerning
all traders [is] a particular custom one.⊞ ⊞ insert see Inserenda No 5.

Identifier: | JB/028/154/001 "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	154	Info in main headings field	common law particular customs
Image	001	Titles
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	b5 / e6 / b7 / e8
Penner	jeremy bentham	Watermarks	[[watermarks::[monogram] [britannia emblem]]]
Marginals		Paper Producer
Corrections	jeremy bentham	Paper Produced in Year
Notes public		ID Number	9419
Box Contents