Elements of Right And of the Law to Which is Added a Historical And Critical Es
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171. A contract is defined by Blackstone as " an agreement upon sufficient consideration to do or not to do a particular thing:" 2 Bla. Com. *442; and this definition has since been generally received by the profession in this country and England.
172. The definition is, however, objected to by Mr. Parsons, on the ground that it assumes that the consideration is an essential part of . A contract which he denies is the case; and accordingly he de- fines a contract merely as " an agreement betwee...n two or more parties for the doing or not doing some particular thing:" 1 Parsons on Contracts, *6.
173. With regard to this point, it will be seen hereafter that Blackstone is clearly right; but his definition is perhaps objectionable, as assuming a controverted proposition; and it would be better, therefore, to define a contract as an agreement to act or forbear in other words, an executory agreement which gives rise to an obligation, and a corre- sponding right in peraonam; or (as an executory agreement is nothing more nor less than a promise) a contract may be defined simply as an obligatory promise.
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To quickly assess the difficulty of the text, read a short excerpt:
171. A contract is defined by Blackstone as " an agreement upon sufficient consideration to do or not to do a particular thing:" 2 Bla. Com. *442; and this definition has since been generally received by the profession in this country and England.
172. The definition is, however, objected to by Mr. Parsons, on the ground that it assumes that the consideration is an essential part of . A contract which he denies is the case; and accordingly he de- fines a contract merely as " an agreement betwee...n two or more parties for the doing or not doing some particular thing:" 1 Parsons on Contracts, *6.
173. With regard to this point, it will be seen hereafter that Blackstone is clearly right; but his definition is perhaps objectionable, as assuming a controverted proposition; and it would be better, therefore, to define a contract as an agreement to act or forbear in other words, an executory agreement which gives rise to an obligation, and a corre- sponding right in peraonam; or (as an executory agreement is nothing more nor less than a promise) a contract may be defined simply as an obligatory promise.
What to read after Elements of Right And of the Law to Which is Added a Historical And Critical Es?
You can find similar books in the "Read Also" column, or choose other free books by George H George Hugh Smith to read onlineMoreLess
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