Sex impressions and reactions are apt to develop at an early age, particularly in the case of boys. As they move into old age, they will exert immense pressure on the health care business and Social Security. Within the case of a gratuitous mortgage, the bailee is sure to exercise still better care and diligence, within the preservation of the property bailed, than in a case of bailment for rent. All that the regulation requires of the bailee is, that whatever judgment he could possess, be exercised actually, in good faith in the direction of his bailor, and with such care and diligence in the use, custody, and management of the property entrusted to him, as prudent males generally exercise in the use, custody, and administration of their very own property. The degree of care, which the law requires of a bailee for rent, is that diploma of care, (incapable of being measured with excellent accuracy, and therefore solely capable of being judged of by a jury in every case separately,) which reasonable and prudent males ordinarily take of their very own property. Nevertheless, in the case of debt, the exact measure of obligation, on the a part of the debtor, or bailee, cannot be outlined with perfect accuracy, any more than within the case of another bailment.
11. If a bailee, or debtor, be responsible of any fraud in procuring the bailment, or of any fault, culpable neglect, or want of fine religion in the custody, use, or management of the worth bailed, whereby any loss ought to accrue to the bailor, or creditor, the bailee or debtor might be liable, not on his contract, however in an action on the case for damages; and for the satisfaction of these damages his future acquisitions shall be liable endlessly, and not merely his present property, as in the case of debt. The legislation, nonetheless, does not require of a bailee, that he possess an equal judgment with different males, for the administration of property. This error results, in part, in this way, to wit; because the worth bought by the debtor to the creditor, is, on the time of the sale, merged in the whole value of all of the debtor’s property, amid is to remain so merged until it is finally separated and transformed into money, for the purpose of supply, we overlook the actual fact, that the suitable of property in it has however as much passed to the purchaser, (that’s, to the creditor,) as if it have been already separated from the mass of the debtor’s property, and delivered to the creditor.
This brings us to a perception of the fact, that the “value received” by the debtor from the creditor, and the sum, or value, which the debtor ‘promises to pay or deliver to the creditor, are merely equivalents, which have been mutually bought or exchanged for each other. But that, which makes one of those events the debtor of the other, when there has been merely an alternate, or a mutual buy and sale of equivalents, between them, is simply this, viz., that the worth, which is offered by certainly one of (he parties to the opposite, is, by agreement, to stay, for a time, within the hands of the seller, for his use. These extra arguments and explanations have been reserved for a second chapter, for the explanation that, to many minds, I apprehend, they will be pointless, and therefore tedious; and for the further purpose that the matter will probably be simplified by presenting them individually from those in the preceding chapter. It will likely be inconceivable, in presenting them, to avoid completely a repetition of a few of the ideas already expressed.
But the place the creditor has entered into the contract, and superior capital to the debtor, not with a view to profit for himself, but as a matter of favor or kindness to the debtor, there a moral obligation will stay after the legal one has expired; because we’re all under a ethical obligation to avoid wasting our associates from suffering any loss by cause of any kindnesses they could do for us. Besides, there isn’t any more motive why compensation ought to be enforced by legislation, for every kindness of a pecuniary nature, that one man does to a different, than for kindnesses of another type. To say, due to this fact, that a man pays a consideration for a promise, is equivalent to saying that a man pays his cash for nothing-for that which has no value of itself, and is of no legal obligation. It is this false concept of the legal obligation of a promise, that interposes itself earlier than our minds, and prevents our seeing the true nature and obligation of the debt.
