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14th Octr 1828 Blackstone
Obligatory dealings, are
simple or compound.
First of simple: this the
synthetic cause.
They are facts or obligatory
promises, or conveyances
or say acts of transition.
1. A pact, the simplest in
this two persons engaged
— Promiser and Promisee.
The promise is a declaration
by promiser to render
to promisee a service.
2. A compact — composed
of two or more pacts: subject
matter of each — a
different promise.
Number of persons engaged
in it, indeterminate
— but say two parties,
between whom &c. Between
excludes the idea of more
than two.
A pact or compact,
may be planted in or grow
out of, a conveyance.
3. Donation — simplest
conveyance: if any exceptions
to be the right of transmitting
such donation
in so far, the simplicity of the
dealing is diminished.
4. Barter, composed of
two donations.
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5. Sale, — here money
is substituted, and so rendered
somewhat complex:
in barter, the thing transferred
is determinate, not
so money, till the moment
of transfer.
For assistance take
Bonaparte's Code: an English
one wd. have been
preferred, but none exists:
mode of action, two
sorts, Statute & Common
Law, this latter not existing
has no order.
1. Obligatory dealings, are
either Promises or Conveyances
No such distinction
by Bonaparte.
Identifier: | JB/031/164/001 "JB/" can not be assigned to a declared number type with value 31.
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1828-10-14 |
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031 |
civil code |
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164 |
blackstone |
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001 |
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marginal summary sheet |
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recto |
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richard doane |
b&m 1828 |
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arthur moore; richard doane |
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1828 |
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9850 |
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