International law; Natural law; War (International law)
But the same cannot be said of things not coming under the nature
of contracts. Thus if any one should sell his corn at a high price,
when he knows that many ships laden with grain are bound for that
place, though it would be an act of kindness in him to communicate
such intelligence to the purchasers, and though no advantage could be
derived to him, from withholding the communication, but at the expence
of charity, yet there is nothing unjust in it, or contrary to the
general rules of dealing. The practice is vindicated by Diogenes in
the passage of Cicero alluded to, he says, "I carried my commodities
and offered them to sale, in selling them I demanded no greater price
than others did; if the supply had been greater I would have sold them
for less, and where is the wrong done to any one?" The maxim of Cicero
therefore cannot generally be admitted, that, knowing a thing yourself,
to wish another, whose interest it is to know it also, to remain
ignorant of it, merely for the sake of your own advantage, amounts to
a fraudulent concealment. By no means; for that only is a fraudulent
concealment which immediately affects the nature of the contract:
as for instance, in selling a house, to conceal the circumstance of
its being infected with the plague, or having been ordered by public
authority to be pulled down. But it is unnecessary to mention, that
the person, with whom a seller treats, ought to be apprised of every
circumstance attending the thing offered for sale; if it be lands,
whether the tenure be subject to a rent-charge, or service of any kind,
or be entirely free.
X. and XI. Nor is the equality that has been explained confined solely
to the communication of all the circumstances of the case to the
contracting parties, but it includes also an entire freedom of consent
in both.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account