Columbia Law Review Volume 7

Columbia Law Review Volume 7

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1907 edition. Excerpt: ... the author in 97. In this respect, his confusion arises from a deeper cause than any which has been yet referred to, to wit, his failure to recognize the true character of the consideration. He is possessed by the idea that consideration consists in benefits to the promisor, and it is nothing to the contrary of this fact of his "being possessed" of this idea that in some portions of his work he intimates that "another good definition (of consideration) is an act or forbearance called for and induced by the promise." He really does not mean that he considers this a good definition of consideration, or if he does he is very inconsistent, because in 15 he says: "The reason is that in our law no promise, which is not under seal, is binding, unless the promisor obtains some benefit in retum for his promise, and this benefit is called 'oonsideration."' And by that he means that benefit to the promisor is the real test of consideration as shown by his assertion in 97 that, because the gratuitous bailee gets no benefit from the bailment, therefore there is no consideration for his promise, although the bailor has surrendered his right to keep possession of the goods in exchange for the promise. If this work were to be widely used, great injury would result to those who might use it. Carelessness in the use of language, and in the analysis of principles, is bad enough, but the enunciation in clear language of unsound propositions, and the erroneous statement of the decisions rendered in cited cases is much worse. ln 14, the author states that "the time tables published by a railroad company are an offer made to all persons who apply for carriage that the trains will run more

Product details

  • Paperback | 322 pages
  • 189 x 246 x 17mm | 576g
  • United States
  • English
  • black & white illustrations
  • 1236782763
  • 9781236782762