The government class book: Designed for the instruction of youth in the principles of constitutional government and the rights and duties of citizens.Young, Andrew W. (Andrew White)
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The government class book: Designed for the instruction of youth in the principles of constitutional government and the rights and duties of citizens.
Young, Andrew W. (Andrew White)
United States -- Politics and government -- Handbooks, manuals, etc.
§7. Mutual promises are sufficient considerations to make a contract
binding; but they must be made at the same time. Such promises support
each other. The promise of one party constitutes a sufficient
consideration for a promise by the other party. In case the parties are
distant from each other, if the proposition is made in writing and sent
by mail, and a letter of acceptance is written and put in the mail, the
contract is complete, unless, before mailing the letter of acceptance,
a second letter has been received containing a retraction of the
proposal.
§8. Promises which are wholly gratuitous are void; because, being
neither a benefit to the promiser, nor an injury to the promisee, they
are not regarded in law as a valuable consideration. Hence,
subscriptions to public works and charitable, literary, and religious
institutions, if they are merely gratuitous, can not be collected,
unless they have operated to induce others to advance money, make
engagements, or do other acts to their own injury.
§9. As gratuitous promises are void for want of consideration, so merely
gratuitous services, as voluntarily assisting to save property from
fire, or securing beasts found straying, or paying another's debts
without request, afford no consideration upon which payment for their
value can be lawfully claimed; there being no promise of compensation.
But if a person knowingly permits another to do certain work, as plowing
his field, or hoeing his corn, although the work may have been commenced
without his order or request, his consent will be regarded in law as an
_implied promise_ to pay for the value of the labor, unless the
circumstances of the case are such as to forbid the presumption.
§10. A consideration must also be _possible_, and in accordance with
law, sound policy, and good morals. A contract founded upon an
impossible consideration is void. No man can be lawfully bound to do
what is not in the power of man to do. But it is otherwise, if the thing
to be done is only at the time impossible in fact, but not impossible in
its nature. Hence, inability from sickness to fulfill an agreement, or
the impossibility of procuring an article of a certain kind or quality
which a person has agreed to deliver, would not exempt him from
liability in damages for the non-performance of his contract.
§11. A contract, the consideration of which is _illegal_ or _immoral_,
may be avoided by either party. A man can not be held to an agreement to
do acts forbidden by the law of God or by the laws of the state. But if
an illegal contract has been executed; in other words, if the wrong has
been done, the party in the wrong can not renounce the contract; for the
general rule is, that no man can take advantage of his own wrong; and
the innocent party alone has the privilege of avoiding the contract. If
both parties are guilty, neither can, in ordinary cases, obtain relief
on a contract that has been executed.
Public-domain text, read in full here on John Shaqi.
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