| 词汇 | CONTRACT2 |
| 释义 | `1`CONTRACT2 `2` "Legal Lexicon": Implied contracts are such as reason and justice dictates, and which, therefore, the law presumes every man undertakes to perform; as if a man employs another to do any business for him or perform any work, the law implies that the former contracted or undertook to pay the latter as much as his labor is worth; or if one takes up goods from a tradesman without any agreement of price, the law concludes that he contracts to pay their value. Contracts considered in relation to their substance are either commutative or independent, principal or accessory. Commutative contracts are those in which what is done, given or promised by one party is considered as equivalent to, or in consideration of what is done, given or promised by the other. Independent contracts are those in which the mutual acts or promises have no relation to each other, either as equivalents or as considerations. A principal contract is one entered into by both parties, on their accounts, or in the several qualities they assume. An accessory contract is made for assuring the performance of a prior contract, either by the same parties or by others, such as suretyship, mortgage and pledges. Contracts, considered in relation to the motive for making them, are either gratuitous or onerous. To be gratuitous the object of a contract must be to benefit the person with whom it is made without any profit or advantage received or promised as a consideration for it. It is not, however, the less gratuitous if it proceed either from gratitude for a benefit before received, or from the hope of receiving one hereafter, although such benefits be of a pecuniary nature. Any thing given or promised as a consideration for the engagement or gift; any service, interest or condition imposed on what is given or promised, although unequal to it in value, makes a contract onerous in its nature. Considered in relation to their effects, contracts are either certain or hazardous. A contract is certain when the thing to be done is supposed to depend on the will of the party or when, in the usual course of events, it must happen in the manner stipulated. It is hazardous when the performance of that which is one of its objects depends on an uncertain event. Some divide contracts under the five following heads: Into reciprocal and unilateral. Into consensual or those which are formed by the mere consent of the parties such as sale, hiring and mandate; and those in which it is necessary there should be something more than mere consent, such as loan of money, deposit or pledge, which from their nature require a delivery of the thing (rei) whence they are called real contracts. Into first contracts of mutual interest which are such as are entered into for the reciprocal interest and utility of each of the parties, as sales exchange, partnership and the like. Contracts of beneficence which are those by which only one of the contracting parties is benefited, as loans, deposit and mandate. Mixed contracts, which are those by which one of the parties confers a benefit on the other, receiving something of inferior value in return, such as a donation subject to a charge, Into principal and accessory. Into those which are subjected by the civil law to certain rules and forms, and those which ate regulated by mere natural justice. --b-- There's related stuff in other Library areas --->, so explore. |
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