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1828 Oct. 3
Civil CodeCh. Pacts
Art. Accident. Cause of subsequential invalidation, total
or partial, accident. Accident presents not to view of itself
as delinquency-promotion does, a rational cause
of invalidation. Where it is admitted to operate
as such it will be one or other of two to
wit. 1. disappointment promotion of delinquency. 2. extinction or diminution if or of
disappointment change of place on the part of disappointment. It
Case the 1st promotion of delinquency. Example
where by of the rendering of the appropriate service to the intended
benefitee, a consequence brought about by an accident is
the commission of of to a third person evil
of the nature of that which is the result of a wrong
of the nature of those included in the Offences Table.
☞ Look here for particular cases.
Case the 2d.: exclusion or diminution or change of
place on the part of the disappointment: i.e. where from
the exercise of the act promised either no valuable service would
be rendered to the intended benefitee, or a preponderant disservice
would be done to a third person or to the pact
maker.
As it the cases can not have place but to a comparatively
small if any extent, cases can not have place
in which the invalidation compleat or incompleat by
reason of accident can have place without production of
disappointment on one sid or both sides, hence it is that
for exclusion of such disappointment to the Legislator it will belong to look out for accidents
having this effect, and bring present them to view under this head.
☞ See the Equity Book under the head of Accident, and
see what the bearing of Accident is upon Conveyances.
Identifier: | JB/030/037/001 "JB/" can not be assigned to a declared number type with value 30.
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