of dicta? What is the relation between the opinion and the precedent in a case? 85. Make a summary-analysis under the five heads suggested in this section of some of the illustrative cases in this volume. Try to condense the statement of facts and the reasons for the decision without omitting anything essential. If possible, compare your summary with one of the same case made by a fellow-student. Compare it also with the headnote made by the reporter. 86. Show how a comparison of cases is necessary to arrive at some particular legal doctrine-e. g., the revocation of an offer for a contract. (See subject, Contracts.) 87. What are the chief books of authority in English law? 88. What is the function of the text-book in the study of law? 89. Try to find in a national digest the case of which you made a brief under question 85. 90. Perform the same exercise with an encyclopedia. 91. Trace its subsequent history in a citator. CONTRACTS BY WILLIAM CHARLES WERMUTH, M. S., LL.B.* INTRODUCTORY TOPICS CHAPTER I. DEFINITION AND HISTORY OF CONTRACT. 1. Rights and obligations.-A right consists of the power or capacity one has to influence the action of another. It may be derived from the moral sentiment of the community, when it is called a moral right. If derived from the government and enforced by the court, it becomes a legal right. In addition to moral and legal rights, there exist physical rights, which are based on might. Obligations are of two sorts: delictual and contractual. A delictual obligation arises from the violation of a preëxisting right. It does not depend for its creation upon any desire of or attempt by the parties concerned to create it, but arises by virtue ofone's place as an individual of society. Thus, A owes B a duty not to assault him. B enjoys a preëxisting * Former Lecturer, Northwestern University Law School; of the Chicago Bar. Assistant Editor: "Modern American Law." |