JB/100/127/003

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3 Aug. 1795. Contracts

Final Cause of the
Law of Contracts

But upon lookingexamining
more closely
into the nature of
the several sorts
of arguments
whichwe shall see
that in the instance
of most if not all
of them a variety
of contingent incidents
are apt
liable to arise,
incidents which
are very apt to
happen unexpectedly,
and to find
the parties unprepared.

Deduce from him
the duty on the part
of the legislator to
look out for these
several contingencies,
and provide for
them accordingly
by the aupative
provision of
written law.

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Dissolution of the
contract on one
side for breach of
it on the other, isnot
rec consistent
with the care of preventing
disappointment
or administering
satisfaction
viz: adequate and
not more than adequate
satisfaction
but a source of
fraud and immorality.

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Efficient Causes of
both to receive money
continued, from Col II

11. Satisfaction for
damage done on
occasion of measures
taken for the defence
of the public against
hostility or calu.

12. or against
calamity.

13. or for the
procuring to the
public a more
than equivalent
good to the public

14 - or to the one individual.

15 + Alimony to
helpless indigent
nearrelations.

16. Satisfaction by other person for
damage caused
by the delinquency
of an insolvent
for whom the third
person is rendered
civilly responsable
in consideration of
a relation subjecting
the delinquent to the
influence of such
third person.1.supra
2.

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fficient Causes,
of Title to receive
money, continued

17. Satisfaction for
money had and received
to anothers
use

1. Under promise of
paying it over See
compact

2. Under expectation
This without correspondent promise
on the part of the payer
that it would be paid
over

3. Under
an erroneous
persuasion of obligation
on the part
of the payer to pay
it that to the obligee
for the use of a
third person. Confer
No4 supra

18. Promise in
Compact, in virtue
of a precedent efficient
cause

19. In sub discharge
of a the ballance
or difference of
of mutual debts
two sums of mutual
debts

Promise 1 in the
way of donation.
2 - in the way of dire recompence,
or compensation
for
past or future.

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Quasi-contracts
Rights acquired by
the right-holder
without the
by his own act (or
that of another person)
without the concurrence
of the oppositeother
party interested

Malagous to
Pledging

Deling as a
pledge without
consent of the proprietor
as
1. Distress for rent
or other service
2. De of by
an Innkeeper of
the Horse &c of
a traveller
3. Distress damage-
feasant.

NB The above are
cases in which the
English Law allows
the party to administer
to himself
a remedy in satisfaction
for some
injury, without previous
application
to the Minister of
Justice. 17 Oct 1801.

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Identifier: | JB/100/127/003 "JB/" can not be assigned to a declared number type with value 100.
Date_1	1795-08-03	Marginal Summary Numbering
Box	100	Main Headings	civil code
Folio number	127	Info in main headings field	civil code contracts
Image	003	Titles
Category	rudiments sheet (brouillon)	Number of Pages	2
Recto/Verso	recto	Page Numbering	f3 / f3
Penner	jeremy bentham	Watermarks	i taylor
Marginals		Paper Producer	evan nepean
Corrections	jeremy bentham	Paper Produced in Year
Notes public		ID Number	32143
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