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So parol evidence would be admissible, no doubt, to enlarge or diminish the extent of the liability assumed for nonperformance, where it would be inadmissible to affect the scope of the promise. But these concessions do not affect the view here taken. As the relation of contractor and contractee is voluntary, the consequences attaching to the relation must be voluntary.
All morality depends upon our sentiments; and when any action, or quality of the mind, pleases us after a certain manner, we say it is virtuous; and when the neglect, or nonperformance of it, displeases us after a like manner, we say that we lie under an obligation to perform it.
A friend, a large landholder in Saxony, gives, between his services as a reserve officer in the army and his magisterial and other duties, something over nine weeks of his time to the state every year, and he is by no means an exception, he tells me. A certain amount of this is required of him by the state, with a heavy fine for nonperformance of these duties.
For politics he cared not a jot, but he could drive tandem better than any other undergraduate of his year. He never spoke at the Union, but he pulled stroke in the 'Varsity boat. He was famous for his biceps, his good-nature, and his good looks; but so far he had distinguished himself for nothing else, and to this stage of nonperformance had he come when the reader first beheld him.
But as food was too precious to be given to foreigners, who were for the most part enemies, Napoleon preferred to supply them with money with which to purchase food from outside, and had paper rubles distributed to them." With reference to army discipline, orders were continually being issued to inflict severe punishment for the nonperformance of military duties and to suppress robbery.
This Government would be glad to see an international consideration of the subject which shall discriminate between such cases and the simple nonperformance of a contract with a private person, and a resolution in favor of reliance upon peaceful means in cases of the latter class.
This Government would be glad to see an international consideration of the subject which shall discriminate between such cases and the simple nonperformance of a contract with a private person, and a resolution in favor of reliance upon peaceful means in cases of the latter class.
7 The performance or nonperformance of an act may be the object of a stipulation no less than the delivery of property, though where this is the case, it will be best to connect the nonperformance of the act to be performed, or the performance of the act to be omitted, with a pecuniary penalty to be paid in default, lest there be doubt as to the value of the act or omission, which will make it necessary for the plaintiff to prove to what damages he is entitled.
Thus, if it be a performance which is stipulated for, some such penalty should be added as in the following: 'If so and so is not done, do you promise to pay ten aurei as a penalty? And if the performance of some acts, and the nonperformance of others, are bargained for in the same stipulation, a clause of the following kind should be added, 'If any default is made, either as contrary to what is agreed upon, or by way of nonperformance, do you promise to pay a penalty of ten aurei?
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