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First, that doctrine would seem to check the free expression of disapproval; one of the most wholesome and indispensable duties which anybody with interest in serious questions has to perform, and the non-performance of which would remove the most proper and natural penalty from frivolous or perverse opinions and obnoxious conduct. Mr.
He also owed something over £800 to the regular tradesmen of the University, and a good deal more to other creditors who were not 'regular. During the whole of this time his visits to Folking had been short and few. The old squire had become more and more angry, and not the less so because he was sensible of a non-performance of duty on his own part.
Mill, with abundant reason, styles them, the latter, more particularly, is of a slovenliness which ought to have prevented its being used by any 'philosophic jurists. What some of these mean by it is stated to be 'duties in which, though the act is obligatory, the particular occasions of performing it are left to our choice; as in the case of charity or beneficence, which we are indeed bound to practise, but not towards any defined person, or at any prescribed time. But, according to this explanation, there are duties of which performance may not only be indefinitely postponed, even until a morrow that may never come, but of which performance at one time will warrant non-performance of them subsequently; so that, for instance, he who has behaved charitably on past occasions, may be uncharitable afterwards.
This was what they expected, what they accepted as the right thing for a man to do under the circumstances, a thing the non-performance of which would have been discreditable rather than the performance being creditable.
People of very vivid fancy are also very capricious. There is yet another cause for the non-performance of the southern mind its fastidiousness. In a high state of social refinement, the standards of taste become so very exacting, that the mind prefers not to attempt, rather than to offend that critical judgment which it feels to be equally active in its analysis and rigid in its requisitions.
I buried my head under the miserable sheet and rug, and cried like a child! And again I say, if, I, under circumstances like these, could encounter and overcome this task, is there, can there be, in the whole world, a youth to find an excuse for the non-performance?"
And, as a general rule, therefore, it may be laid down, that if the performance of a covenant be rendered unlawful by the Government of this country entering into war, the contract will be dissolved on both sides, and the offending party, as he has been compelled to abandon his contract, will be excused from the payment of damages for its non-performance; but it is otherwise, if the non-performance is prevented only by the prohibition of a foreign country.
If a man were commanded, for example, to leap over a mountain, or to lift the earth from its centre, he would be justly excusable for the non-performance of such things, because they lie beyond the range of his natural power. “There is here a limit to our power,” as Dr.
"When," saith he, "thou vowest a vow unto God, defer not to pay it; for He hath no pleasure in fools: pay that which thou hast vowed." God will not admit our folly in vowing as a plea for non-performance; He will exact it from us both as a due debt, and as a proper punishment of our impious folly.
Hence, inability from sickness to fulfill an agreement, or the impossibility of procuring an article of a certain kind or quality which a person has agreed to deliver, would not exempt him from liability in damages for the non-performance of his contract. A contract, the consideration of which is illegal or immoral, may be avoided by either party.
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