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Chap. 15. Of those Contracts in which the Value of Things is presupposed, and of the Duties thence arising, p. 145
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according to the law of nature 145 otherwise, if the State should set too high a Value on their Money, or if they should not give it a just and true Alloy, all Commerce with Foreign Nations, which could not be carried on by Exchange or Barter alone, would be at a Stand. And for this very Reason, the Value of Money is not rashly to be alter’d, unless a very great Necessity of State require it. Tho’ as Gold and Silver grow more plentiful, the Value of Money, in Comparison to the Price of Land, and Things thereon depending, is wont, as it were insensibly and of its self, to grow lower. u c h a p t e r x v u Of those Contracts in which the Value of Things is pre-supposed; and of the Duties thence arising A Pact or Agreement in general, is the Consent and Concurrence of Two or more in the same Resolution. But because oftentimes simple Agreements are contra-distinguish’d to Contracts, the Difference seems chiefly to consist herein, That by Contracts are understood such Bargains as are made concerning Things and Actions, which come within the compass of Commerce, and therefore suppose a Property and Price of Things. But such Covenants as are concluded upon, about other Matters, are called by the common Term of Pacts or Agreements. *Although even to some of these is promiscuously given the Name of Pacts and Contracts. *Grotius de Jure Belli & Pacis, lib. 2. cap. 12. I. Pacts and Contracts. L. N. N. l. 5. c. 2. §1. 146 the whole duty of man Contracts may be divided into Gratuitous and Chargeable. The former Sort affords gratis some Advantage to one of the Parties contracting: the latter subjects each of the Parties contracting to some Charge, or lays upon them some Condition or Obligation equally burdensome to them both; in which Case, nothing is done or delivered by either Party, but with a Prospect of receiving an Equivalent. Of Gratuitous Contracts, there are three Sorts; a Commission, a Loan, and a Charge. A Commission is, When any one takes upon himself gratis, and in mere good Will, to transact the Business of his Friend, who requests this Trouble of him on the Account of Friendship only. And this may be done two Ways; first, When the Method of transacting the Business is prescribed to the Person who is so kind as to undertake it; and, secondly, When it is wholly left to his Judgment and Discretion. But as no one would commit the Management of his Affairs to any one but a Friend, and one of whose Honesty and Integrity he has a good Opinion; so he who undertakes this Trust, ought to be careful not to abuse this Confidence reposed in him; but to execute it with the greatest Care, and with the utmost Fidelity. But then, on the other hand, he who has given him this Commission, ought to prevent its being any Loss to him that executes it, by repaying him any Expences he is at in the Execution of it, and likewise by satisfying him for any Loss he may suffer in his own Affairs, while he spends his Pains and Time thus in Friendship to him. When we give to another the free Use of what is ours, without any Consideration for the Use of it, this is called a Loan; and the Rules to be observed in this Case, are: 1. We must take all possible Care most diligently to look after and preserve intirely the Thing lent us. 2. We must put it to no other Uses, nor detain it any longer Time, than the Proprietor is willing. 3. We must restore it to the Owner intire, and in the same Condition II. General Division of Contracts . L. N. N. l. 5. c. 2. §8. III. L. N. N. l. 5. c. 4. §1. IV. Of Loans. L. N. N. l. 5. c. 4. §6. [3.237.64.198] Project MUSE (2024-03-28 09:04 GMT) according to the law of nature 147 we received it; or at least with no other Detriment than what it must of Necessity receive by the common and ordinary Use of it. 4. If after a Thing is lent us for a certain Time, something, not foreseen at the Time it was lent, should fall out, so that the Proprietorwants it before the Time he had lent...