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<head>1828 <sic>Sep<hi rend="superscript">r.</hi></sic><lb/>Blackstone <del>Constitutional</del> <add>or Civil</add> Code</head> <!-- mainly in pencil --> <p><note><sic>Ch.</sic> Universal Jurisprudence</note><lb/>(4 <note>§. Contracts or Legal Dealings<lb/>Analysis<lb/>Obligatory promises</note></p> <p><note>15<lb/>Obligatory promises.<lb/>the word contract<lb/>in expression — so<lb/>as to obligatory agreement</note></p> <p>As to obligatory promises it might be thought<lb/>that contract or obligatory <del>agreement</del> <add>agreement</add> would be the<lb/>preferable term. But in the case of contract, the term<lb/>is <unclear>unposessed</unclear> and disappropriated by the <unclear>admixture</unclear><lb/>of the idea of an act of transmission, as above<lb/>and as to <hi rend="underline">obligatory agreement</hi> <del>it imparts</del> the<lb/>idea it conveys is that of two correspondent persuasions:<lb/> | |||
one by one party the other by the other. But cases have<lb/>place in which <del>there</del> it is on one side alone that a<lb/>promise has place. This is the case where the word pact<lb/>is employed in contradistinction to the word <hi rend="underline">compact</hi>.</p> <p><note>16<lb/>Objection that by<lb/>obligatory promise<lb/>an act of transmission<lb/>performed</note></p> <p>By an obligatory promise, say by a pact it may<lb/>be said that an act of transmission is performed: that is<lb/>to say of a right to the service which by the performance<lb/>of the promise would be rendered on one part, <add>be rendered</add> on the other<lb/>part received.</p> <p><note>17<lb/>This cannot be denied<lb/>unless <add>the</add> service at the<lb/>same time created<lb/>and rendered</note></p> <p>This can not be denied: unless it be by saying<lb/>that by this act the service is at the same time created<lb/>and <del>rendered</del> by the succession of the correspondent obligation<lb/>rendered.</p> <!-- brackets in pencil, pencil bracket with ? to the right of this paragraph --><p>[But with this remark the subject may be dismissed<lb/>and by this remark some additional elucidation may perhaps<lb/>be seen to be afforded.]</p> <p><note>18<lb/>Under <hi rend="underline">obligatory<lb/>promises</hi> releases<lb/>included</note></p> <p>Note that under the head of obligatory promises<lb/>releases from those same promises must be understood to be<lb/>included. In proportion as the promise is to <sic>burthen</sic>, the<lb/>release from it — the extraction of it — is a benefit.</p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
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.
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Identifier: | JB/031/035/001"JB/" can not be assigned to a declared number type with value 31. |
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1828-09 |
15-18 |
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031 |
civil code |
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035 |
blackstone or civil code |
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001 |
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text sheet |
1 |
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recto |
e4 |
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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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9721 |
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