PHI LOS 0 P H Y . - Classic Works of Apologetics Online

Contracls. 109
made. The few instances· of vows which w€ read
of in the New Testament, were religiously observed.
The rules we have laid down concerning promises
are applicable to vows. Thus lephthah's yOW, tak~}}
in the sense in which that transaction is commonly: I
understood, was not binding; because the perform;.:·
ance, in that contingency, became unlawful.
CHAPTER VI.
CONTRAcrrs.
A CONTRACT is a mutual promise. The
obligation, therefore, of contracts; the sense in which
they are to be interpreted; and the cases where they
ate not binding, will be the same as of promises.
From the principle established in the last Chapter,
"that the obligation of promises is to be measured
by the expectation, which the promiser any how
volunuuily and knowingly excites," results a rule,
which governs the construction of all contracts, and
is capable, from its simplicity, of being applied with
great ease and certainty, viz. That,
IVhatever is expected by one side, and k1lQwn to be s() expected
by the other, is to be deemed a part Dr condition oj
the contract.
The several lcinds of contracts, and the order in
'\\ i1ich we propose to consider them, may be exhibited
at one view: thus,
Sale.
Hazard.
Lending of ~ ~consumabI€ prope~ty.
Contracts of
( . oney.
ServIce.
I Labour.
PartnershIp.
Commissi?ns.
Offices .
l ·
cts XVIU. 18. XII. 2~.
.. A .1. ·