Book-bot.com - read famous books online for free

Blackwood's Edinburgh Magazine, No. CCCLXXVI. February, 1847. Vol. LXI. by Various
page 42 of 294 (14%)
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....
DigitalOcean Referral Badge