★ Find a new page on our Untranscribed Manuscripts list.
No edit summary |
No edit summary |
||
Line 53: | Line 53: | ||
<head>1</head> | <head>1</head> | ||
Rights | <p>Rights are either permanent, or occasional:<lb/> | ||
Rights, occasional, are such as grow<lb/> | |||
by Contract. <del><gap/></del> | by Contract. <hi rend="superscript">+</hi> <note>+ Promise</note></p> | ||
<p><del>By</del> <add>By every</add> Contract given <gap/> right a right is given [to] a man which<lb/> he had not before. | |||
</p> | |||
<del><gap/></del> | |||
<head>2</head> | <head>2</head> | ||
A Promise, | <p>A Promise, " if sanctioned by the <hi rend="underline">Moral</hi>, <del><gap/></del><lb/>much more if by the Political Sanction<lb/> creates <del>an</del> <add>a correspondent</add> expectation in the party<lb/>to whom it is <gap/>.</p> | ||
<head>3</head> | |||
<p>If the act promised to be done, be <add><hi rend="underline">not</hi></add>an act #symbol <lb/><note>#symbol in which the promiser is not interested</note> <del>in</del> which <del>the</del> <add>to the promiser</add> seems not calculated to give<lb/>him pleasure, he will take no notice of<lb/>it; there will be no use in enforcing it;<lb/>there will be no need of enforcing it, because<lb/>there will be no demands it is a<lb/>promise therefore that can not come under<lb/>consideration of the Law. #symbol <note>#symbol v. Axioms <add>BR.</add> III. 32.</note></p> | |||
<!-- DO NOT EDIT BELOW THIS LINE --> | <!-- DO NOT EDIT BELOW THIS LINE --> | ||
{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}} |
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."
---page break---
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, " if sanctioned by the Moral,
much more if by the Political Sanction
creates an a correspondent expectation in the party
to whom it is .
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 demands it is a
promise therefore that can not come under
consideration of the Law. #symbol #symbol v. Axioms BR. III. 32.
Identifier: | JB/070/013/001"JB/" can not be assigned to a declared number type with value 70. |
|||
---|---|---|---|
070 |
of laws in general |
||
013 |
introd. contents idea of the doctrine concerning 1. validity 2. evidence 3. expression |
||
001 |
|||
text sheet |
1 |
||
recto |
|||
jeremy bentham |
[[watermarks::gr [crown motif] [lion with vryheyt motif]]] |
||
23128 |
|||