The Theory of Legal Duties and Rights: An Introduction to Analytical Jurisprudence

by William Edward Hearn

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.1883 ... the power of reciprocal agency. Their case is not that of a power implied by law from the necessity of the case or from the conduct of the persons concerned. Their mutual agency is part of their original agreement, and consequently continues in force so long as that agreement itself continues. The other members of a firm cannot revoke against his will the power of one of their number unless they dissolve the partnership. Such a revocation would be a contradiction in terms. They all have agreed that for certain purposes they all shall be reciprocally agents. While that agreement lasts, some of them cannot bind the rest of their number by a new agreement to which those others are not parties. obligations § 3. The second class of combined obligations eoriai Rights is that of contracts which generate rights in rem in rem as to thing, relating to things. This class includes bailments, hire, sale, and the contracts which relate to property given as security for pecuniary loans. The rights in rem thus produced belong, except in certain cases of sale, to that division of rights in rem which is known as in re aliend. That is, the contract does not generate a right of full ownership; but only what is called a qualified or limited ownership, a partial right in property of which the principal ownership is vested in another. The same idea may be expressed in other words if we say that the rights of ownership are divided; that the larger portion rests without qualification in one person, and the smaller portion rests temporarily and for a certain specific purpose in another person. Difficult questions sometimes arise as to the precise legal implication of some of these relations when the parties have not fully expressed their intentions. But these questions belong t...

401 pages, Hardcover

First published September 12, 2013