Is an obligation as imperfect as the corresponding right? Is it, therefore, less criminal to violate it? Dlustrate this by the example of the corrupt voter. 74. What kinds of obligation are generally created by positive precepts? By negative ones? CHAPTER XI. What are general rights? 75. (2.) Give another example. What reasons arc alleged in vindication of this practice? What is the real ground of the right ? 76. When was this permission granted? Why is wastefulness wrong? Give an example. 77. What should not be made exclusive property? How does this appear? 78. How should a medicinal spring be disposed of! Is the right to an inexhaustible fishery common to all nations? How much of the sea has any nation an exclusive right to? 79. Give another example of a general right. כטעות How is the amount of restitution, in cases of destruction by extreme necessity, to be determined? iv. 916 BOOK III-PART I-CHAPTER dərs 80. Illustrate the institution of property. CHAPTER II. 81. (1.) How does the institution of property icrease the produce of the earth? Give an example of a population subsisting withor! property in land. 82 (2.) What would be the effect of a community of right to the fruits of the earth, in respect to their being allowed to ripen ? (3.) Does the institution of property prevent contests? 83. Is the institution of property, on the whole, beneficial? CHAPTER III. What were the first objects of property? The next? What people have advanced no farther than this? What were subsequently important objects of property? 84. Give the history of landed property. In immoveables. 44 CHAPTER IV. 85. What difficulty occurs in explaining the origin of property in land? How is it said to have originated in tacit consent? How is it said that labouring on land created ownership? 86. To what kinds of property does this apply? What is Paley's account of the first right of ownership? 87. How far does this reason justify property? Illustrate this. What is necessary to make the right of property, acquired by the above-mentioned means, valid? What is the real foundation of the existing rights of property? Explain this. 88. What follows from this account of the origin of property? Does the right depend upon the expediency of the law? To what perversion is this principle liable? Illustrate this. CHAPTER V. 90. (1.) Whence arises the obligation to perform promises? Explain this. Is confidence in each other necessary to enable men to live in society? 91. (2.) When the terms of the promise admit of more senses than one, how is it to be interpreted? Why not, in the sense in which the promisei actually intended it? Why not as the promisee received it ? How did Temures conduct? 92. Was this a breach of promise? Upon what does the obligation of promises depend? 93. (3. 1.) Is a promise binding, which it is impossible to perform? When is the maker of such a promise guilty? Give examples. 9. (2.) Are promises binding when the performance is unlawful? State the first case of this. Why are the parties not bound in this case? State the other case. Why are not these promises valid? 95. Does this extend to imperfect obligations? Why? What is the caution given to the young with respect to promises? Which of two contradictory obligations should prevail? 96. Does a promise lose its obligation by proceeding from an unlawful motive? Illustrate this. What is the single case in which the obligation of a promise will justify a conduct, which, unless it had been promised, would be unjust? Give examples. 97. (3.) Are promises binding when they contradict a former promise? Why not (4.) Are promise's binding before acceptance? Why not? (5.) Are promises binding which are released by the promisee? Why is not a promise always released by the death of the promisee? 98. (6. 1.) Why is not an erroneous promise binding where the error proceeds from the mistake or misrepresentation of the promisee? Illustrate this. (2.) Why not in the case of a false supposition? Explain this by an example. 99. Do other species of errors annul the obligation of a promise? Illustrate this. Give an example of a promise extorted by violence. 100. Is it doubted whether such a promise be binding? State the plainer case where the promise is binding. CHAPTER VI. 101. What is a contract? What is the rule for their construction? CHAPTER VII. Should the seller disclose the faults of his goods? 102. Prove this. What is the exception to this rule? How do you prove the criminality of passing bad money? 103. What is always a fair price, except in cases of monopoly or combination? Illustrate this. How may one free himself from the tacit engagement to sell at the market value? Give the rule in the case of goods damaged between sale and delivery. 104. What determines questions of this sort? Why? Give an example. CHAPTER VIII. 105. What are contracts of hazard? Should one side never be allowed any advantage over the other? What is the proper restriction? Why? 106. Is it right to avail one's self of secrets of state, &c. in speculations in trade? What is the rule for the conduct of the person insured? CHAPTER IX. What is inconsumable property? 107. Who should bear the loss, when the thing lent is lost or damaged? How are the two cases, proposed, distinguished? How should the increased value of the rent of a house or estate be appropriated? Give examples of each case. CHAPTER X. 108. Is the taking of interest justified by the law of nature? 109. Whence arose the prejudice against it? To whom did this prohibition probably apply? How is this confirmed?" Give a sketch of the history of the law of interest. 110. Is compound interest equitable? Why? State the case and the rule for money borrowed in one country to be repaid in another. Suppose the value of coin to be altered. 111. Is a borrower bound to secure a lender against loss, so far as lies in his power? Does Paley justify imprisonment for debt? On what grond? 112. What does he say is the only question about the law for imprisoning debtors? Should imprisonment for debt be considered a punishment? What debtors should, therefore, in equity, be exempted from it? How would the poor suffer, by mitigating this law. CHAPTER XI. 113. How far does the master's power over his servant extend? How should the treatment of servants be regulated? Why is not a servant bound to obey the unlawful command of his master? 114. Does the master's authority justify the servant in doing wrong? How should clerks and apprentices be employed? For what acts of his servant is the master responsible? How are recommendations to be estimated, according to 115. How do some masters injure servants who wish to leave them? Why should a master of a family restrain his household ? What are the Scripture injunctions in respect to the reciprocal duties of master and servant. CHAPTER XII. 116. What does an agent undertake and promise? Is an agent, who acts without pay, responsible for losses by misfortune? In what cases is a hired agent responsible? 118. What is the universal rule? Should the employer pay for unforeseen and unexpected losses of the agent incurred in his service? Should he pay for foreseen losses ? CHAPTER XIII. 119. Give the rule for dividing the profits of partnership, where one partner contributes money and the other labour? Give an example? CHAPTER XIV. 120. With whom does the holder of an office, in a learned seminary, contract? What does the contract with the founder enjoin? With the electors? 121. When may an office not be discharged by a deputy? Which of these applies to parochial clergy employing curates? In what case does this objection lose its force 122. For whom is this indulgence particularly proper? CHAPTER XV. 123. Why is a lie a breach of promise? What is the other source of the obligation to veracity? 124. Do the laws of war allow deception? Is the habit of fiction and exaggeration, in discourse, particularly dangerous and unjustifiable? 125. What is the usual consequence of white lies? How are pious frauds to be regarded? Can a lie exist without literal falsehood? 126. May a lie be acted? Give an example of a lie of omission. CHAPTER XVI. (1.) What is the form of oaths among the Jews and Scotch? 127. How did the Greeks and Romans make a private contract? How did they do on more solemn occasions? What is the English form? 128. What bad effects have resulted from it ? (2.) What is the signification of an oath? 129. (1.) How does it appear, that Christ did not intend to forbid judicial oaths? (2.) How does it appear that the prohibition was not universal? |