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Updated: May 24, 2025
"You can smile," went on Leighton. "I can't, even now. That's what's happened to this age. We've outgrown marriage downward. Your near-sighted people talk of contractual agreements, parity of the sexes, and of a lot of other drugged panaceas, with the enthusiasm of a hawker selling tainted bloaters. They don't see that marriage is founded on a rock set deeper than the laws of man.
1 The leading division of all actions whatsoever, whether tried before a judge or a referee, is into two kinds, real and personal; that is to say, the defendant is either under a contractual or delictal obligation to the plaintiff, in which case the action is personal, and the plaintiff's contention is that the defendant ought to convey something to, or do something for him, or of a similar nature; or else, though there is no legal obligation between the parties, the plaintiff asserts a ground of action against some one else relating to some thing, in which case the action is real.
We now come to the last point of contact and essential oneness that there is between Darwinism and socialism. I cannot consider here the recent attempt at eclecticism made by M. Fouillée and others. M. Fouillée wishes to oppose, or at least to add, to the naturalistic conception of society the consensual or contractual conception.
Indeed, if the plaintiff had a right which when obtained by grant would have entitled him to covenant, it was open to argument that he should be allowed the same action when he had the right by prescription, although, as has been seen in the case of rent, it did not follow in practice from a man's having a right that he had the contractual remedies for it. /3/ Covenant required a specialty, but prescription was said to be a sufficiently good specialty. /4/ Where, then, was the line to be drawn between covenants that devolved only to successors, and those that went with the land?
New authorizations for national defense and war liquidation in the fiscal year 1947.-The expenditures of 15 billion dollars for national defense and war liquidation in the fiscal year 1947 will be partly for payment of contractual obligations incurred in the past, and partly for the payment of new obligations.
Being thus freed from many irksome restrictions that had hung heavily upon him, Edison now proceeded to push the phonograph business under a broader policy than that which obtained under his previous contractual relations.
Most claims were for houses burned, cattle killed, horses commandeered and fences and other property destroyed by government forces or revolutionists. The other declared claims arose principally out of alleged violations of concessions or other contractual obligations.
The feudal contractual system, which these suggested reforms had intended to drive out, had failed for entirely different reasons, and could evidently be brought back only at the price of a complete and probably unsuccessful disturbance of the social and economic organisation.
If a republic to the south of us commits a tort against a foreign nation, such as an outrage against a citizen of that nation, then the Monroe Doctrine does not force us to interfere to prevent punishment of the tort, save to see that the punishment does not assume the form of territorial occupation in any shape. The case is more difficult when it refers to a contractual obligation.
Those obligations are civil which are established by statute, or at least are sanctioned by the civil law; those are praetorian which the praetor has established by his own jurisdiction, and which are also called honorary. 2 By another division they are arranged in four classes, contractual, quasicontractual, delictal, and quasidelictal.
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