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Ch. Universal Jurisprudence
Subject matter incorporeal
Services of transmission
in consequence
No person in his right mind divests himself of a benefit
of any considerable value, divests himself of a subject matter of or subjects himself to a legal obligation
No person, in his right mind, burthens himself with with an
obligation to possession of any considerable value, or burthens himself legal engagement
in any considerable degree burthensome without being under on that occasion, under the operation of
without a motive or say an inducement, in some shape
or other
Gubernia I call it a consideration, and consideration: and according to me a consideration
is either a good one or a valid valuable one.
Dolorosa. I must explain this. Poor thing, she seldom speaks so much as to be understood by a good consideration
What she Gubby means is a motis motive of the sacred or say
sympathic class: as where a father made a portion of
this kind in or in favour of his child. By a valuable
consideration she means a motive or say indictment of
the self-regarding kind: say for example pecuniary or quasi
pecuniary: receipt, actual or expected, of money
or money's worth.
Felice. Gubernia is not altogether decided, and at the
same time where she is decided rather narrower than
I could wish in the conception she attaches to the word
good in this case. She confines it almost to the case of a
family settlement. I see not why found and misconception
excepted, a man should be allowed to take back
what he has given, be it what it may. True, by taking it back
he disappoints the expectation which she had created him
on the part of him from whom it is taken p back the sum of disappointment
is not less strong than the on the part
of the giver it would have been had the less the thing been
taken from him by a thief or other wrongdoer
Suppose the case to be such, that whether the whether he were suffered to
take it back or not there would be disappointment on the one part as on the other, the value
of the thing might be divided
between them.
[+] When the subject matter
belongs to the class of movables
Gubernia does not trouble
herself about the consideration.
The value of the thing being
suppose the same in both
cases, why, as to this mode should its mobility
or its immobility made
any difference?
A pact is an expression of will, to which, by adopting
it, the Law gives the force and effect of a command. Instead
of the act itself speak henceforward of the instrument
by which expression is given to it.
Identifier: | JB/031/207/001 "JB/" can not be assigned to a declared number type with value 31.
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1828-09-26 |
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031 |
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207 |
blackstone or const. code |
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001 |
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text sheet |
1 |
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recto |
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jeremy bentham |
b&m 1828 |
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arthur moore; richard doane |
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1828 |
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9893 |
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