Treatise on obligations and contracts Volume 1

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1818 Excerpt: ...or undertaking, where the promise or stipulation is made by the principal party for the modified execution of a previous contract. § 299--803. tJnderuking: 299-A promise or convention, by which a person, beCiy. ad Dig. 13. sides a previous stipulation or engagement, binds himself to Cod. 4.18.2. give a thing or perform an act, towards fulfilment or satisfaction of that, for which either he or another person was previously bound by a perfect obligation or by a merely natural one, is named an undertaking or constitute, termed in Cowel, s. 158. English law assumpsit: which is defined a voluntary pro1. mise made verbally, upon a good consideration, whereby a man assumes and takes upon himself to perform or pay any thing to another. Express or 300. ft is either express or implied. A verbal promise, implied.,,,,,,,, Pow. Cmt. 1. or 3 covenant by parol, whether strictly oral or by unautnenticated writing, is an express undertaking: as a covenant is an undertaking by written deed. Every executory contract Ea enim pacta insunt, quae legem contractu dant. Dig. imports in itself an undertaking to execute it. And a distinct promise, that the party shall be satisfied by the promiser, or by him or another person, in respect of a subsisting engage ment, is an express undertaking. 301. An undertaking or constitute, of which the object is Elfect of an a fulfilment of an antecedent and subsisting obligation, is exPress "e'.V.., „,,,... Path. OM.478 not an 1nnovat1on or change of that obl1gation mto a new--439. one; but may introduce modifications into it: and is an ac-cession of a new engagement to the preceding one, without extinction of it; and not a mere adhesion to it: but a cu-mulative accession, which may subsist after the dissolution of that primary en...