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' | <head>1828 <sic>Sept.</sic> 26<lb/>Blackstone or Civil Code</head> <!-- in pencil --> <p.<sic>Ch.</sic> Universal Jurisprudence<lb/>Subject matter incorporeal<lb/><hi rend="underline"><gap/></hi> of transmission<lb/><gap/> in consequence</note></p> <p>No person in his right mind deserts himself of a <add><gap/></add> benefit<lb/>of any considerable value, divests himself of a subject matter of <add>or subjects himself to a legal obligation</add><lb/><del>No person, in his right mind, <sic>burthens</sic> himself with</del> <add>with</add> an<lb/><del>obligation to <gap/> </gap/> <add>possession of any considerable value, or <sic>burthens</sic> himself</add> <gap/> <gap/> <gap/></del> <add>legal</add> engagement<lb/>in any considerable degree <sic>burthensome</sic> without being <del>under <gap/></del> <add>on that occasion, under the operation of</add><lb/><del><gap/></del> a motive or say an <hi rend="underline">inducement</hi>, in some shape<lb/>or other</p> <p>Gubernia I call it a <del>consideration, and</del> <add><hi rend="underline">consideration:</hi> and according to me</add> a consideration<lb/>is either a <hi rend="underline">good one</hi> or a <del>valid</del> <add>valuable</add> one.</p> <p>Dolorosa. I must <del.<gap/></del> <add>explain</add> this. <add>Poor thing, she seldom speaks so much as to be understood</add> by a <hi rend="underline">good</hi> consideration<lb/><del><gap/></del> What <del>she</del> <add>Gubby</add> means is a <del>motis</del> <add>motive</add> of the sacred or say<lb/><sic><hi rend="underline">sympathic</hi></sic> class: no where a <del><gap/></del> <add>father</add> made a presence of<lb?>this kind or is in favour of his child. By a valuable<lb/>consideration she means a <del.<gap/></del> <add>motive</add> or say indictment of<lb/>the self-regarding kind: say for example pecuniary or quasi<lb/>pecuniary: receipt, actual or expected, of money<lb/>or money's worth.</p> <p>Felice. Gubernia is not <del><gap/></del> <add>altogether</add> decided, and at the<lb/>same time where she is decided rather narrower than<lb/>I could wish in the <gap/> she attaches to the word<lb/>good in this case. She confines it almost to the case of a<lb/>family settlement. <del><gap/></del> I see not why formed and misconception<lb/>excepted, a man should be allowed to take back<lb/>what he has given, be it what it may. True, by taking it back<lb/>he disappoints the expectation which she had <gap/> him<lb/>on the part of him from which it is taken <del>p</del> back the <add>sum of</add> disappointment<lb/>is not less strong than <del><gap/> the</del> on the part<lb/>of the giver it would have been had <del>the less</del> the thing been<lb/>taken from him by a thief or other wrongdoer</p> <p>Suppose the case to be such, that <del>whether the</del> were suffered to<lb/>take it back <del><gap/></del> or not there would be disappointment on the one<!-- continues into the margin --> part as on the other, the value<lb/>of the thing might be divided<lb/>between them.</p><!-- above, in the margin --> <hi rend="superscript">[+]</hi> when the subject matter<lb/>belongs to the class of movables<lb/>Gubernia does not trouble<lb/>herself about the consideration.<lb/>The value of the thing being<lb/>suppose the same in both<lb/>cases, why, <add>as to this mode</add> should its mobility<lb/>or its immobility made<lb/>any difference?</p> <!-- line across the page in pencil --> <p>A <hi rend="underline">pact</hi> is an expression of will, to which, by adopting<lb/>it, the Law gives the force and effect of a command. Instead<lb?>of the act itself speak henceforward of the instrument<lb?>by which expression is given to it.</p> | ||
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1828 Sept. 26
Blackstone or Civil Code <p.Ch. Universal Jurisprudence
Subject matter incorporeal
of transmission
in consequence</note>
No person in his right mind deserts 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 </gap/> 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
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 <del. 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: no where a father made a presence of<lb?>this kind or is in favour of his child. By a valuable
consideration she means a <del. 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 she attaches to the word
good in this case. She confines it almost to the case of a
family settlement. I see not why formed 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 him
on the part of him from which 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 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<lb?>of the act itself speak henceforward of the instrument<lb?>by which expression is given to it.
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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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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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