Blackwood's Edinburgh Magazine, No. CCCLXXVI. February, 1847. Vol. LXI. by Various
page 42 of 294 (14%)
page 42 of 294 (14%)
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youthful capacities, I select the following brief passage on a most
practically important subject, that of the "consideration" essential to support a valid simple contract, according to the civil law and that of England.[7] After explaining the doctrine of "_Nudum pactum_," he thus proceeds:-- [6] In one vol. 8vo, pp. 386, Benning & Co. Fleet Street, accompanied by Notes by Jelinger C. Symons, Esq. Barrister-at-Law. [7] But not that of Scotland. Bell's Princip. Law of Scotland, p. 4, (4th Edition.) "Now, with regard to the question,--_What does the law of England recognise as a consideration capable of supporting a simple contract?_ the short practical rule" [after adverting to a well-known passage in Blackstone, for which he substitutes his own definition] "is, that _any benefit accruing to him who makes the promise, or any loss, trouble, or disadvantage undergone by, or charge imposed upon, him to who it is made_, is a sufficient consideration in the eye of the law to sustain an assumpsit. Thus, let us suppose that I promise to pay B £50 at Christmas. Now there must be a _consideration_ to sustain this promise. It may be that B has lent me £50; here is a consideration by way of _benefit_ or _advantage_ to me. It may be that he has performed, or has agreed to perform, some laborious service for me; if so, here is a consideration by way of _inconvenience_ to _him_, and of advantage to me at the same time. It may be that he is to labour for a third person at my request; here will be _inconvenience_ to him, without advantage to _me_: or it may be that he has become surety for some one at my request; here is a _charge_ imposed upon him: any of these will be a good consideration to sustain the promise on my part.... |
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