JB/031/035/001

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1828 Sepr.
Blackstone Constitutional or Civil Code

Ch. Universal Jurisprudence
(4 §. Contracts or Legal Dealings
Analysis
Obligatory promises

15
Obligatory promises.
the word contract
in expression — so
as to obligatory agreement

As to obligatory promises it might be thought
that contract or obligatory agreement agreement would be the
preferable term. But in the case of contract, the term
is unposessed and disappropriated by the admixture
of the idea of an act of transmission, as above
and as to obligatory agreement it imparts the
idea it conveys is that of two correspondent persuasions:
one by one party the other by the other. But cases have
place in which there it is on one side alone that a
promise has place. This is the case where the word pact
is employed in contradistinction to the word compact.

16
Objection that by
obligatory promise
an act of transmission
performed

By an obligatory promise, say by a pact it may
be said that an act of transmission is performed: that is
to say of a right to the service which by the performance
of the promise would be rendered on one part, be rendered on the other
part received.

17
This cannot be denied
unless the service at the
same time created
and rendered

This can not be denied: unless it be by saying
that by this act the service is at the same time created
and rendered by the succession of the correspondent obligation
rendered.

[But with this remark the subject may be dismissed
and by this remark some additional elucidation may perhaps
be seen to be afforded.]

18
Under obligatory
promises releases
included

Note that under the head of obligatory promises
releases from those same promises must be understood to be
included. In proportion as the promise is to burthen, the
release from it — the extraction of it — is a benefit.

Identifier: | JB/031/035/001 "JB/" can not be assigned to a declared number type with value 31.
Date_1	1828-09	Marginal Summary Numbering	15-18
Box	031	Main Headings	civil code
Folio number	035	Info in main headings field	blackstone or civil code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e4
Penner	jeremy bentham	Watermarks	b&m 1828
Marginals	george bentham	Paper Producer	arthur moore; richard doane
Corrections		Paper Produced in Year	1828
Notes public		ID Number	9721
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