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

126
such caution, as the value of the busin~ss in his judge ..
ment desenes, that is, as he would have thought
sufficient, if- the same interest of his ov.~ had been
at stake, he has discharged hi! Guty, although it
should afterwards turn out, {hat by more activity,
and longer perseverance, he might have concluded
the business with gl"f'ater advantage.
This rule dc~~es the duty of factors, stewards,
attorneys, and advocatates.
lOne of the chief difficulties of an agent's situation
~, to know how far he may depart from his instructions,
when, from some change or discovery in the
circum~tances of his commission, he sef~ reason to believe
that his employer, if he were present, would al·
ter his intention., The latitude allowed to agents in
this respect win' be different, according as the com­
JDission was confidential or ministerial; and accord.
ing as the general rule and nature of the service re·
q'~re a prompt and precise obedience to orde~ Or
not. An attorney sent to treat for cUl estate, if he
found out a Haw i~!he title., would desist from proposi.ng
the :ence he was dir~cte,", to -p~c2~se; and v~
ry proper~y~
On the other hand, if the commarukI1
in chief of an army detach an officer under hiln upon
ci particular s€f\iiCe, -which seryice twns out more
difficult, or less eJ:pedienr,- rnan was suppo~ed, in so
Dluch ttJat the officer is convinced tltat his camnlailder,
if he were acquainted with the true _~~at.e in which
tIle affa.ir is found, would _ recal his crdi:!~., yet nlust
this officer, if h~ cannot wait ;for fresh dile~!ions,
withaut prejlldice to the expeditbn he is sentnp(ln~.
pur :"~)'i:~ at all iiazards, tllose ~~:hich fle broug!lc out
Wit j 1 1lim.
r Vlhat is trusted to an agent may be lost or dam ..
aged in his hand~ by misfortune. A~ ag;n.t who ~C!s
without P~\y i§ dearij:.2!ot aIlswera5 e.Jjf't!~cCToss ;
f6r~ if he ~a'le his iabour for nothin~h it cannot De
presumed, thlthe gave also secur;~y t:.a~d:e s~/::(.ess
of it. If the a~l'nt be hired to the bur,.iut:·~,s~ the question
will dep.:nd \Ipon the appre-heilsioll of the par·
,