criminal law as it is generally administered does not prevent crime, reform the criminal, or deter others from crime. The most dangerous and vicious criminals are those who are intelligent and educated and use these advantages to keep clear of the clutches of the law, while they do things that in effect injure their fellows far more than all the burglars and murderers in the country. These are the "malefactors of great wealth" that roused Roosevelt's honest wrath. The criminal law always lags behind, and enactments to check the crimes of such as these unfortunately catch only their clumsy imitators. REVIEW QUESTIONS I. Who is the plaintiff in a criminal case? Why? 2. What is the function of a grand jury? 3. Can you suggest any method of improving the administration of our criminal law? 4. If a certain action, harmless of itself, has been made a crime, does it thereby become morally wrong? 5. If a man is willing to pay the penalty, say for speeding, does that justify him in disregarding the law? 6. What are the two classes of offenses against the criminal law? Give an example of each. 7. Outline the usual criminal procedure. 8. What is the primary object of legal penalties for crime: (1) retaliation, (2) protection of the community, or (3) the re formation of the criminal? What should be the object, or objects of the criminal law? 9. Which are the greater deterrents of crime-severe penalties, or more moderate punishments? Why? CHAPTER VI ESSENTIAL FEATURES OF A CONTRACT1 § 35. Introductory Civilized life may be said to be founded on agreements. Whenever an individual buys or sells something, he makes an agreement. Our whole social and business life is based upon a series of understandings with those with whom we come in contact. The more complex our civilization becomes, the more agreements are made and the more extended become our contractual relations. Most Whenever an agreement is of such a nature that it may be enforced in a court of law, it is called a contract. of the laws on our statute books and most of the laws affecting the daily life of the individual have to do with the subject of contracts. The sale of goods is a contract, the appointment of an agent is a contract, and the business done by an agent is that of making contracts. Insurance, whether of life or of property, is a contract; partnerships and corporations are both based on contracts; in fact, there is no business relation but is either itself a contract or else is based upon a contract. § 36. Definition A contract is defined as an agreement between two or more parties, for a sufficient consideration, to do or not to do some specified thing or things. This is the accepted legal definition of a contract. 1 For forms of contracts, see Chapters XCVIII-CI, Forms 1-25. It is an agreement, and the minds of the parties, to use the technical phrase, "must meet." There must be two legally competent parties to a contract; there may be many. There must be a consideration, without which there can be no legal obligation. If a man agrees to do something, there must be a valid reason or inducement for him to bind himself. This, in legal parlance, is the consideration. If the promise were gratuitous, that is, if there were no inducement for the promise, it might be a matter of honor to carry it out, but it would not be a matter of legal compulsion. A naked promise, without consideration, cannot be enforced in a court of law. There must be the obligation, or thing to be done. This promise may be to pay money, to do work, or to deliver goods; or it may be merely not to do something which the person contracting had a right to do. $37. Essential Features In order to make any agreement legally enforceable as a contract, there must be the following essentials: I. The parties to the agreement must be legally competent to contract. 2. The agreement must be to do something lawful. 3. The parties must agree to the same thing. 4. There must be a sufficient consideration. These several elements of a contract will be explained in the following sections. § 38. Competency of Parties The parties to a contract may be individuals, partnerships, or corporations. The partnership name may be different from |