The Online Library of Liberty

A project of Liberty Fund, Inc.

• Foreword
• To the Right Reverend Edmund Law, D.D. Lord Bishop of Carlisle
• Preface
• The Principles of Moral and Political Philosophy
• Book I: Preliminary Considerations
• Chapter 1: Definition and Use of the Science
• Chapter 2: The Law of Honour
• Chapter 3: The Law of the Land
• Chapter 4: The Scriptures
• Chapter 5: The Moral Sense
• Chapter 6: Human Happiness
• Chapter 7: Virtue
• Book II: Moral Obligation
• Chapter 1: The Question Why Am I Obliged to Keep My Word? Considered
• Chapter 2: What We Mean When We Say a Man Is Obliged to Do a Thing
• Chapter 3: The Question, Why Am I Obliged to Keep My Word? Resumed
• Chapter 4: The Will of God
• Chapter 5: The Divine Benevolence
• Chapter 6: Utility
• Chapter 7: The Necessity of General Rules
• Chapter 8: The Consideration of General Consequences Pursued
• Chapter 9: Of Right
• Chapter 10: The Division of Rights
• Chapter 11: The General Rights of Mankind
• Book III: Relative Duties
• Part I: Of Relative Duties Which Are Determinate
• Chapter 1: Of Property
• Chapter 2: The Use of the Institution of Property
• Chapter 3: The History of Property
• Chapter 4: In What the Right of Property Is Founded
• Chapter 5: Promises
• Chapter 6: Contracts
• Chapter 7: Contracts of Sale
• Chapter 8: Contracts of Hazard
• Chapter 9: Contracts of Lending of Inconsumable Property
• Chapter 10: Contracts Concerning the Lending of Money
• Chapter 11: Contracts of Labour Service
• Chapter 12: Contracts of Labour Commissions
• Chapter 13: Contracts of Labour Partnership
• Chapter 14: Contracts of Labour Offices
• Chapter 15: Lies
• Chapter 16: Oaths
• Chapter 17: Oath In Evidence
• Chapter 18: Oath of Allegiance
• Chapter 19: Oath Against Bribery In the Election of Members of Parliament
• Chapter 20: Oath Against Simony
• Chapter 21: Oaths to Observe Local Statutes
• Chapter 22: Subscription to Articles of Religion
• Chapter 23: Wills
• Part II: Of Relative Duties Which Are Indeterminate
• Chapter 1: Charity
• Chapter 2: Charity the Treatment of Our Domestics and Dependants
• Chapter 3: Slavery
• Chapter 4: Charity Professional Assistance
• Chapter 5: Charity Pecuniary Bounty
• Chapter 6: Resentment
• Chapter 7: Anger
• Chapter 8: Revenge
• Chapter 9: Duelling
• Chapter 10: Litigation
• Chapter 11: Gratitude
• Chapter 12: Slander
• Part III: Of Relative Duties Which Result From the Constitution of the Sexes
• Chapter 1: Of the Public Use of Marriage Institutions
• Chapter 2: Fornication
• Chapter 3: Seduction
• Chapter 4: Adultery
• Chapter 5: Incest
• Chapter 6: Polygamy
• Chapter 7: Of Divorce
• Chapter 8: Marriage
• Chapter 9: Of the Duty of Parents
• Chapter 10: The Rights of Parents
• Chapter 11: The Duty of Children
• Book IV: Duties to Ourselves
• Chapter 1: The Rights of Self-defence
• Chapter 2: Drunkenness
• Chapter 3: Suicide
• Book V: Duties Towards God
• Chapter 1: Division of These Duties
• Chapter 2: Of the Duty and of the Efficacy of Prayer, So Far As the Same Appear From the Light of Nature
• Chapter 3: Of the Duty and Efficacy of Prayer As Represented In Scripture
• Chapter 4: Of Private Prayer, Family Prayer, and Public Worship
• Chapter 5: Of Forms of Prayer In Public Worship
• Chapter 6: Of the Use of Sabbatical Institutions
• Chapter 7: Of the Scripture Account of Sabbatical Institutions
• Chapter 8: By What Acts and Omissions the Duty of the Christian Sabbath Is Violated
• Chapter 9: Of Reverencing the Deity
• Book VI: Elements of Political Knowledge
• Chapter 1: Of the Origin of Civil Government
• Chapter 2: How Subjection to Civil Government Is Maintained
• Chapter 3: The Duty of Submission to Civil Government Explained
• Chapter 4: Of the Duty of Civil Obedience, As Stated In the Christian Scriptures
• Chapter 5: Of Civil Liberty Civil Liberty Is the Not Being Restrained By Any Law, But What Conduces In a Greater Degree to the Public Welfare.
• Chapter 6: Of Different Forms of Government
• Chapter 7: Of the British Constitution
• Chapter 8: Of the Administration of Justice
• Chapter 9: Of Crimes and Punishments
• Chapter 10: Of Religious Establishments and of Toleration
• Chapter 11: Of Population and Provision; and of Agriculture and Commerce, As Subservient Thereto
• Chapter 12: Of War, and Military Establishments

Chapter 6

Contracts

A contract is a mutual promise. The obligation therefore of contracts, the sense in which they are to be interpreted, and the cases where they are not binding, will be the same as of promises.

From the principle established in the last chapter, “that the obligation of promises is to be measured by the expectation which the promiser any how voluntarily and knowingly excites,” results a rule, which governs the construction of all contracts, and is capable, from its simplicity, of being applied with great ease and certainty, viz. That

Whatever is expected by one side, and known to be so expected by the other, is to be deemed a part or condition of the contract.

The several kinds of contracts, and the order in which we propose to consider them, may be exhibited at one view, thus: