Fallacies of the Law

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143 according to their technical meaning, except the parts which the evidence shows have been waived. The beneficiaries named in the policy often find that there was really no insurance contract that bound the company, because the words in fine print gave the company the right, under the facts as they existed, to take and keep the money of the applicant and forfeit the policy. Much the same method is pursued in making contracts for acci- dent insurance. Such is the effect of the rule which prev...ents parties in the event of litigation from showing what was the real agreement in- tended.
Perhaps the most important contract in the world is the marriage contract. This is usually not in writing. All the obligations of the con- tracting parties are fixed by law and can not be varied by any form of agreement. If it is not necessary in making a marriage contract to put it in writing and have it contain a hundred pro- visions and conditions, why may not the law like- wise fix the obligations of landlord and tenant, insurer and insured, and the obligations of many of the other common relations of life, so that they can not be affected by private agreements ?


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