« ZurückWeiter »
OBLIGATIONS IMPOSED BY LAW. $ 1708. Abstinence from injury. $ 1709. Fraudulent deceit. $ 1710. Deceit, what. § 1711. Deceit upon the public, etc. $ 1712. Restoration of thing wrongfully acquired. $ 1713.
When demand necessary. $ 1714. Responsibility for willful acts, negligence, etc. $ 1715. Other obligations.
8 1708. Abstinence from injury. Every person is bound, without contract, to abstain from injuring the person or property of another, or infringing upon any of his rights. En. March 11, 1872.
Cal.Rep.Cit. 110, 385; 111, 45; 118, 321 ; 123, 44.
As to what injuries are criminal: See Pen. Code, secs. 346-367.
$ 1709. Fraudulent deceit. One who willfully deceives another with intend to induce him to alter his position to his injury or risk, is liable for any damage which he thereby suffers. En. March 21, 1872. Cal.Rep.Cit. 65, 326; 65, 327; 76, 193; 77, 25; 99, 185;
134, 444; 136, 28.
8 1710. Deceit, what. A deceit, within the meaning of the last section, is either:
1. The suggestion, as a fact, of that which is not true, by one who does not believe it to be true;
2. The assertion, as a fact, of that which is not true, by one who has no reasonable ground for believing it to be true;
3. The suppression of a fact, by one who is bound to disclose it, or who gives information of other facts which are likely to mislead for want of communication of that tact; or,
4. A promise, made without any intention of performing it. En. March 21, 1872. Cal.Rep.Cit. 65, 326; 65, 327; 76, 193; 77, 26; 79, 238; 81, 6; 82, 82; 96, 440; 99, 186; 136,
28. Fraud actual and constructive: See secs. 1571 et seq.
8 1711. Deceit upon the public, etc. One who practices a deceit with intent to defraud the public, or a particular class of persons, is deemed to have intended to defraud every individual in that class, who is actually misled by the deceit. En. March 11, 1872.
8 1712. Restoration of thing wrongfully acquired. One who obtains a thing without the consent of its owner, or by a consent afterward rescinded, or by an unlawful exaction which the owner could not at the time prudently refuse, must restore it to the person from whom it was, thus obtained, unless he has acquired a title thereto superior to that of such other person, or unless the transaction was corrupt and unlawful on both sides. En. March 11, 1872.
$ 1713. When demand necessary. The restoration required by the last section must be made without demand, except where a thing is obtained by mutual mistake, in which case the party obtaining the thing is not bound to return it until he has notice of the mistake. in. March 11, 1872.
$ 1714. Responsibility for willful acts, negligence, etc. Every one is responsible, not only for the result of his willful acts, but also for an injury occasioned to another by his want of ordinary care or skill in the management of his property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself. The extent of liability in such cases is defined by the title on compensatory relief. En. march 11, 1872. Cal.Rep.Cit. 66, 586; 68, 459; 95, 291; 118, 321 ; 123, 44;
123, 649. Compensatory relief: See post, secs. 3281 et seq.
$ 1715. Other obligations. Other obligations are prescribed by divisions I and II of this code. En. March 11, 1872.
Cal.Rep.Cit. 98, 553.
OBLIGATIONS ARISING FROM PARTICULAR TRANS
II. Exchange, 88 1804-1807.
V. Hiring, 88 1925-1959.
Chapter I. General Provisions, 88 1721-1741.
II. Agreements for Sale, $$ 1726-1734.
SALE. $ 1721. Sale, what. § 1722. Subject of sale.
8 1721. Sale, what. Sale is a contract by which, for a pecuniary consideration, called a price, one transfers to another an interest in property. En. March 21, 1872.
Cal.Rep.Cit. 97, 71; 99, 93.
$ 1722. Subject of sale. The subject of sale must be property, the title to which can be immediately transferred from the seller to the buyer. En. March 21, 1872,
Cal.Rep.Cit. 97, 71.
$ 1726. $ 1727. $ 1728. 8 1729. $ 1730. $ 1731. $ 1732. $ 1733.
AGREEMENTS FOR SALE.
$ 1726. Agreement for sale. An agreement for sale is either:
1. An agreement to sell;
3. A mutual agreement to sell and buy. En. March 21, 1872.
Cal.Rep.Cit. 87, 54; 95, 137.
$ 1727. Agreement to sell. An agreement to sell is a contract by which one engages, for a price, to transfer to another the title to a certain thing. En. March 21, 1872.
Cal.Rep.Cit. 74, 379; 98, 380,
$ 1728. Agreement to buy. An agreement to buy is a contract by which one engages to accept from another, and pay a price for the title to a certain thing. En. March 21, 1872.
$ 1729. Agreement to sell and buy. An agreement to sell and buy is a contract by which one engages to trans.
fer the title to a certain thing to another, who engages to accept the same from him and to pay a price therefor. En. March 21, 1872.
Cal.Rep.Cit. 63, 577 ; 87, 54; 98, 381.
$ 1730. What may be the subject of the contract. Any property which, if in existence, might be the subject of sale, may be the subject of an agreement for sale, whether in existence or not. En. March 21, 1872.
Cal.Rep.Cit. 95, 137.
§ 1731. Agreement to sell real property. An agreement to sell real property binds the seller to execute a conveyance in form sufficient to pass the title to the property. En. Mąrch 21, 1872. Am'd. 1873-4, 243.
Cal.Rep.Cit. 109, 563.
$ 1732. Form of grant required by such contract. (Repealed.) En. March 21, 1872. Rep. 1873-4, 243.
§ 1733. Usual common law covenants required by such contracts, when. An agreement on the part of a seller of real property to give the usual covenants, binds him to insert in the grant covenants of "seisin,” "quiet enjoy. ment," "further assurance," "general warranty,” and "against incumbrances.” En. March 21, 1872.
§ 1734. Form of such covenants. The covenants mentioned in the last section must be in substance as follows: "The party of the first part covenants with the party of the second part, that the former is now seized in fee simple of the property granted; that the latter shall enjoy the same without any lawful disturbance; that the same is free from all incumbrances; that the party of the first part, and all persons acquiring any interest in the same through or for him, will, on demand, execute and deliver to the party of the second part, at the expense of the latter, any further assurance of the same that may be reasonably required; and that the party of the first part will warrant to the party on the second part all the said property against every person lawfully claiming the same.” En. March 21, 1872.