Commentaries On the Common Law : Designed As Introductory to Its Study

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See also Coolc v.
4th ed., 669. Moffatt, 5 Howard (U. S.) K. 295; (c) Quid enim tarn congruum fidei Banh of CimcmnaU v. BucTdngham's humanBe, qnam ea, quae inter eos pla- Eoceautors, Id. 323.
cuerunt, servare : D. 2. 14. 1, pr. (e) See per Marshall, C. J., Ogden (d) Ogden v. Saunders, 12Wheaton v. Saimders, supra.
s 2 260 CONTRACTS GENERALLY.
which the injured party has a just claim to compensation ; and that society ought to afford him a remedy for that injury.
We find allusions to the mode of
... acquiring property, but we find no allusion, from the earliest time, to any supposed act of the governing power giving obligation to contracts ; and hence we may infer, that the doctrine in question is coeval with the existence of society, and, although it may be con- trolled, was not expressly given by human legislation (/).
Obligatio, as we read in the Institutes of Justinian (g), est juris vinculum quo necessitate astringimur alicujus rei solvendoB secundum, nostrce civitatis jura. Natural law says, that contracts (if not impeachable on special grounds) shall be binding ; and municipal law indicates the manner in, or means by, which they may be enforced.


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