International law; Natural law; War (International law)
Where there is no such commission, if another, to whom the promise
was not directly made, accepts it with the consent of the promiser,
the promise will be so far binding, that the promiser will not be at
liberty to revoke it, before the person, in whose favour it was made
has ratified, and afterwards chosen to release the engagement. Yet, in
the mean time, the accepter cannot release it, as having derived no
peculiar right from it himself, but only been used as an instrument
in promoting the kind intentions and good faith of the promiser. The
promiser therefore himself, by revoking it, is not doing violence to
the perfect right of another, but only acting in contradiction his own
good faith.
XIX. From what has been said before, it is easy to conceive what
opinion ought to be entertained of a burdensome condition annexed to
a promise. For it may be annexed at any time, till a promise has been
completed by acceptance, or an irrevocable pledge to fulfil it has been
given. But the condition of a burden annexed to a favour intended to
be conferred upon a third person, through the medium of any one, may
be revoked before the person has confirmed it by his acceptance. On
this point there is great difference of opinion. But upon impartial
consideration the natural equity of any case may be easily seen without
any great length of arguments.
XX. XXI. XXII. Another point of discussion relates to the validity of
an erroneous promise, when the person, who made it, upon being apprised
of his error is willing to adhere to his engagement. And the same
inquiry applies to promises, which, arising out of fear or any other
such motive, are prohibited by the civil law. What, it may be asked,
will become of these promises, if that fear, or that motive has been
removed?
To confirm such obligations, some think an internal consent of the mind
alone in conjunction with some previous external act is sufficient.
Others disapprove of this opinion, because they do not admit that an
external act is a real sign of a subsequent intention. Therefore they
require an express repetition of the promise and acceptance. Between
these two opinions, the truth is most likely to be found. There may
be an external act expressive of a promise, though unaccompanied with
words; where one party's accepting and retaining a gift, and the
other's relinquishing his right in it are sufficient to constitute a
full consent.
To prevent civil laws from being confounded with natural justice, we
must not omit noticing, in this place, that promises though founded in
no EXPRESS motive, are not, any more than gifts, void by the law of
nature.
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