death of his wife, then sick, refused, when the wife was dead, to fulfil the engagement;-correctly, said a moralist, to whom the case was referred; but incorrectly, on the principles stated above. For, though the motives might be immoral which led to the promise, its performance was lawful, and therefore obligatory. A promise cannot be deemed unlawful where it produces, when performed, no effect beyond what would have taken place had no such promise been made. Hence promises of secrecy ought not to be violated, although the public would derive advantage from the discovery. For, as the information would not have been imparted on any other condition, the public do not lose by the performance of the promise, any thing which they would have gained without it. 3. Promises are not binding when they contradict a former promise. Because the performance would be then unlawful. 4. Promises are not binding before acceptance, i. e. before the promisee has knowledge of it. For the obligation to perform rests on the known expectation raised. But there can be no expectations, where there is no knowledge of the promise. Nor is the performance obligatory, even if the promisee has obtained a knowledge of the promise, but through the medium of a party not empowered to communicate it: for that which constitutes the essence of a promise is here wanting, an expectation raised voluntarily. 5. Promises are not binding when they are released by the promisee. This is evident; although it may not be evident who the promisee is. The doubt may however be solved by considering that if a promise be given to A direct, for the benefit of B, then A is the promisee; but if to A only indirectly, as a messenger to convey the promise to B, then B is the promisee. 70 What fulfilment of a promise is not unlawful, let the consequences be what they may? Mention a case. 71 What is the third case in which promises are not binding? Why? 72 What is the fourth case? Why? 73 But suppose the promisee has been informed of the promise? 76 How may it be solved? Promises to one person for the benefit of another are not released by the death of the promisee; for his death neither makes the performance impossible, nor implies his consent to release the promiser. 6. Erroneous promises are not binding. 1. Where the error proceeds from the misrepresentation of the promisee. For instance, a beggar solicits charity by a story of distress, and a promise of relief is given. But previous to the performance of the promise, the distress is found to be fictitious. The promise is canceled. For it was given on the supposition of the truth of the story; but that condition failing, the promise ceases to be obligatory. In like manner, the business of an office has been represented to a person, and he makes a promise to undertake it; but if the labor be greater than the promisee represented, the promiser is released. 2. When the promise is given on a supposition not absolutely expressed, but understood both by the promiser and promisee; and that supposition turns out to be false. For instance, if a father, hearing the news of his son's death, promises to make his nephew his heir, he is, on the news proving false, released from his promise; because, as the nephew knew that the promise was in reality conditional though not so expressed, the expectations raised were subject to a condition which formed an essential part of the promise. In other cases, no errors on the part of the promiser can cancel the engagement. For example, a vote is promised to one candidate; afterwards another offers himself, whom the promiser would prefer; but his vote must follow his promise. [Unless the last candidate is actually better. See page 78.] The error was on the part of the promiser, who must abide by his error: the promisee, who made no mistake, must not suffer by it: as the promise was given with 77 What would be the obligation if the promisee in the first case should die? Why? 78 What is the sixth class of promises that are not binding? 79 What is the first kind of erroneous promises? 80 Why should they be canceled? Give examples. 81 What is the second kind of erroneous promises? 82 Why are such promises not binding? Give examples. 83 What if the error is only on the part of the promiser? Give examples. out a condition, it cannot be affected by a subsequent event. Hence, if a man promises a certain fortune with his daughter, he is bound to perform the promise, even though his means be less than he thought them to be when he made the promise. The case, however, of erroneous promises is attended with this difficulty, that if every mistake be allowed, the rule becomes too loose; but if the rule be drawn too tight, the result must be hardship and absurdity in its application. Whether promises which are extorted by fear are binding, has been long held as a doubtful point. For as the obligation of all promises rests on the utility of mutual confidence, whatever tends to check that confidence is wrong; but if, on the other hand, such confidence leads to general mischief, it ought not to be insisted on; and it is in the balance of opposite good and evil that the difficulty rests. For instance, a man, threatened with death, saves his life on his promise to give the threatener at a future day a sum of money. This safety is a good consequence of the confidence which is placed by the promisee in the promiser. But the performance of promises thus extorted by fear, leads to a repetition of such acts of violence. This is a bad consequence. Between these two consequences moralists have to choosea choice not yet decided on. [But is this not settled by rule 2, page 79?] In other cases, where a prisoner is suffered to go at large on promise of good behavior, such a promise is binding, not, as some moralists say, because the imprisonment is just, but because the utility of confidence in such promises is the same as the utility of confidence in the promises of persons at liberty. Promises to God are called vows. The obligation to keep them depends, not on the principle which regulates other promises, but on the want of reverence to the Deity, which want is indicated by their non-performance. The Scriptures give no encouragement to make vows, much less to break them when made. The few vows we 84 What difficulty is attendant on this kind of promises? 85 What is thought of promises that are extorted by fear? 86 What is the argument for the affirmative? For the negative ? 87 Apply these arguments to an example. 88 What is a plainer case in extorted promises? 89 What are vows? And why should they be kept! 90 Is there Scriptural authority for vows? read of in the New Testament were religiously observed. Of Jephthah's vow, as commonly understood, the obligation was not binding; because, by its performance, an act previously unlawful was committed. CHAP. VI.-CONTRACTS. A contract is a mutual promise. Therefore, the law which regulates promises regulates contracts also. Hence, as in promises the obligation is measured by the expectation raised voluntarily by the promiser; so so in contracts, whatever is expected on one side, and known to be so expected on the other, is a condition essential to the contract. The several kinds of contracts may be exhibited at one view, thus: CHAP. VII.-CONTRACTS OF SALE. The rule which requires to be most strictly inculcated is, that the seller is bound to disclose the faults of what he offers for sale. To tell a direct falsehood in recommendation of our wares, is confessedly an immoral act. And from this we argue that concealing the truth, by not saying that they possess the bad qualities which they do, is likewise an immoral act. Because, as the moral qualities of actions differ only in their motives and effects; if the motives and effects be the same, the actions also are, morally speaking, the same. But as in these cases the motives are the same, viz. benefit to the seller from the higher price; and the effects the same, viz. injury to the buyer from an inferior article, or at least not 91 What is a contract?-and by what law is it regulated? 92 What should always be considered as a condition in a bargain? 93 Name the several kinds of contracts. 94 What is an important rule of justice in contracts of sale? 95 From what do we deduce this fact? How do we prove it? such as the representation warranted; it is manifestly as much a fraud to magnify the qualities of wares, as to conceal their defects. The obligation is greater, and, if that is performed, the honesty greater also, to tell the truth, when the goods are such that the faults cannot be detected except by their use. From this charge of dishonesty are to be excepted sales of goods, where the silence of the seller implies some fault in the article; as in the case of a horse sold without warranty, on which account it brought an abated price. Connected with this principle of dishonesty is the practice of passing off bad money. For this act it has been pleaded, that, as it was received for good, it may be passed for good; a plea similar to that given by a person, who having been robbed himself, reimbursed his loss by robbing another. When no monopoly or combination exists, the market price is always the fair price; which may, therefore, be fairly demanded. Hence, to say provisions are at an unreasonable price, is an absurdity; for if the price were unreasonable, none would give it. If a man asks for goods more than the market price, such a demand is deemed dishonest; yet, as the goods are the man's own property, he may say he has a right to put what value he pleases on them. Still, as the very act of tendering goods for sale carries with it the implied condition of their being to be sold at the market price, and as he knows that customers enter his shop with that belief; he is bound to sell them at such a price, unless there be a specific understanding between the parties of a contrary nature; and in that case, any price may be asked without any imputation of dishonesty. If the article sold be accidentally destroyed or injured between the sale and delivery, the loss must fall on the party 96 What renders the obligation more necessary? 97 In what cases is it not dishonest to be silent of faults? 100 How should we determine the price of a commodity? 103 When may a person ask a higher price than customary ? 104 After a thing is sold, on whom must fall any loss that may happen to it? |