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

Contracts of Lending, Ufc. 115
himself by the same sort of judgment; the contract
has all the equality in it which is necessary; but if I
have access to secrets of state at home, or private ad.
"~;ce of some decisive measure or event abroad, I cannot
avail myself of these advantages with justice, be.
cause they are excluded by the contract, which pro.
~eeded upon the supposition, that I had no 8uch ad.
vantage ..
In insurances, in which the underwriter computes (
his risk entirely from the account giv~ by the per-,
son insured, it :s absolutely necessary to the justicE(
and validity of the contract, th~t this accolint be ex.f'
act and complete.
CHAPTER IX.
CON'fRACTS OF LENDING OF INCONSUM­
ABLE PROPER1"'Y •
•
-' WHEN the identical loan is to b~ retl'med,
as a book, a horse, a harpsichord, it is called inco1lsumable,
in op~ition to com, wine, money, and
those things which perish, or are parted with in the
use, and can therfore only be restored in kind.
The questions under this head are few and simple.
The first is, if the thing lent be lost or damaged,
who ought to bear the Joss or damage? IT it be dam ..
aged by the use, or by accident, in the use for which
it was lent, the lender ough t to bear it; as if I hire
a job coach, the wear, tear, and soiling of the coach,
must belong to the lender; or a horse to go a particular
journey, and in going the proposed journey,
the horse die, or be lamed, the loss must be the lender's:
on the contrary, if the damage be occasioned
by the fault of the borrower, or by accident in some
use for which it was not lent, then the borrower must
make it good; as if the coach be overturned or
broken to piece~ by the carelessness of your coach ..
JPan; or the horse be hired to take a morning's
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