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THE CONTRACT <
AS AFFECTED BY DISABILITY , .
T- < Lunacy.
Of The Parties lAttainder.
V Alien enemy.
! Statute of Frauds.
f Assumpsit for not accepting.
f Partners of vendee.
Parties J Acrpnt $ ^' own agents'
C Assumpsit for not delivering.
I Actions founded on deceit and warrranty. < Money had and received.
As To Third C P^ners of vendor.
Parties ) ^ailef" (. Agents.
VENDORS AND PURCHASERS
Sale is defined to be the transfer of the pro- Definition of perty from the owner to some other person, in sae' consideration of a price or equivalent recompence (a). There is no essential distinction between sale, and barter or exchange; in the former, Barter, the consideration is money; in the latter, any valuable commodity (b). The law is the same whatever be the quid pro quo; but a consideration of some kind is absolutely necessary, for the maxim is, ex nudo facto non oritur actio (c).
The first consideration naturally is, what persons parties to are qualified in law to become parties to a con
tract of sale. The general rule is, that all are to be presumed competent unless proved to be Disabilities, affected by some express disability (d). Persons infaucj. under the age of twenty-one years (e), which is the legal age of discretion, are not held responsible for civil contracts into which they may enter; but as this very disability is a privilege allowed by the indulgence of the law, in order that advantage may not be taken of the inexperience of youth (/), an exception is made in the case of necessaries suitable to the fortune and condition of the infant. The privilege is personal; none therefore, can avail themselves of it, but the infant himself, and on the principle that the privilege ought (as it has been expressed) to be regarded rather as a shield than a sword, most contracts entered into by an infant, are held to be, not absolutely void, but voidable only, and may thereCoverture. fore be ratified on attaining full age. Married women (g) are under a similar disability of binding themselves (or their husbands) by contract, unless it be for necessaries, or unless the authority of the husband has been given either expressly or by implication; and the general rule holds equally where the husband and wife live together, as where
(i) Of Disability, see Book I. Chap. ii.