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CONTRACTS.
Validity. The Law enforces 1. Contracts.[a] This is
the General Rule. The proposition is
true in more instances than it is
false.
2.
Evidence. A given Contract, if believed to have beem made+ + by those to whom it belongs the charge of enforcing it is committed,
will be accordingly be enforced, in what way
soever it be made appear to have been
made. This is the natural supposition.
3.
Expression. A Contract howsoever expressed, so that it
have been made, will be taken for what
it is understood to be mean: and as such
will be enforced. a Supposition equally
natural with the former.
4.
Expr The Doctrine of Contracts will therefore
contain consist of a list of the exceptions to the
above three propositions. Exceptions to
the first will compose the doctrine+ + concerning the validity of Contracts, which are valid and which not. in
the question What is a or good Contract is a valid one?
Exceptions to the 2d will compise the doctrine
of the Evidence required concerning
contracts: and exceptions to the 3d the
doctrine concerning the Expression.
NOTE.
The Law adopts each every contract as it is made, that it holds for valid
and makes it a part as it were of itself.
It makes the expression volition of the each contracting
party it's own volition: it turnsmakes that volition
the directory part of a Law, to which
it annexes a Sanctional one of it's own.
"I will give you thee this bread," says Pistor to
"Lanius, if you thou wilt give me that meet:"
"Agreed," says Lanius: " I will give you thee this
"meal if thou wilt give me that bread."
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1
Rights are either permanent, or occasional:
Rights, occasional, are such as grow
by Contract. + + Promise
By By every Contract given right a right is given [to] a man which
he had not before.
2
A Promise, || || v. Nova Defin. n. 18. if sanctioned by the Moral,
much more if by the Political Sanction
creates an a correspondent expectation in the party
to whom it is addressed.
3.
If the act promised to be done, be notan act #symbol
#symbol in which the promiser is not interested in which the to the promiser seems not calculated to give
him pleasure, he will take no notice of
it; there will be no use in enforcing it;
there will be no need of enforcing it, because
there will be no demand; it is a
promise therefore that can not come under
consideration of the Law. #symbol #symbol v. Axioms BR. III. 32.
4.
But if it be, it will raise in him a pleasure:
the expectation will be attended with
a pleasure: he will receive a pleasure
of Expectation..
5.
But expectation of not fulfilled that pleasure if not turned [in the expected due
a pleasure of enjoyment in consequence attended by a present pleasure time] into a pleasure of expectation (as the case is) if
Possession or , will turn into a pain
of Disappointment.
NOTE continued
Give therefore saith the Law to Pistor,
give unto Lamus that that bread, of thine he giving
to thee his meat: that meat of his: if these
fail, such or such shall be thy punishment.
Give in like manner saith the Law to
Lamus Give to Pistor that meat of thine, he
giving to thee that bread of his: if thou fail, such or such shall be thy punishment.
INTROD. Contracts. Ideas of the doctrine concerning |BR| | 1. Validity. 2. Evidence. 3. Expression.
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introd. contents idea of the doctrine concerning 1. validity 2. evidence 3. expression |
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