LEGAL DEPARTMENT. 609 



and with the above the law classifies the man who by drunkenness 

 renders himself incapable of discharging the ordinary duties of life. 



By coverture is meant marriage ; the rule of the common law is that a 

 married woman cannot, during her marriage, make a binding contract, 

 but this has been changed in Ontario, giving her almost absolute control 

 over her own property. 



Consideration. This is the price or promise, or the cause, which 

 moves the parties to enter into a contract. It may be expressed or IM- 

 PLIED. A consideration that is distinctly stated in the contract, whether 

 oral or written, is said to be expressed. In all sealed instruments and 

 salable paper, the consideration is implied ; as in promissory notes or 

 drafts, the words " value received" imply, but do not state, the consider- 

 ation. 



Consideration is commonly called valuable, good, sufficient, 



LEGAL, INSUFFICIENT, etc. 



The money value of a consideration does not determine whether it is 

 SUFFICIENT or not ; a very slight consideration will support a contract 

 if it is what the law recognizes as valuable. 



A valuable consideration may be illustrated by the payment of money, 

 the delivery of property, the performance of work, making a promise for 

 a promise, etc. 



A good consideration is one founded upon affection, relationship, 

 friendship, or gratitude. This does not constitute a sufificient cause or 

 consideration for the fulfillment by the coercion of law of an undertaking 

 or promise not under seal. "Good consideration" is almost on an 

 equality with ' ' no consideration. 



An insufficient consideration may be defined as one that is gratuitous, 

 illegal, immoral, or impossible. There are exceptions to this gratuitous 

 consideration ; for instance, in case of labor performed for a party with 

 his knowledge, but not his expressed consent. Anson in his work, 

 " The Law of Contracts," says : If A allows X to work for him under 

 such circumstances that no reasonable man would suppose that X meant 

 to do the work for nothing, A will be liable to pay for it. As intimated 

 above, contracts under seal or formal contracts depend upon their form 

 for their validity. Where form is present, courts of law ask for no 

 further evidence as to intention. 



Subject Matter. The subject matter of a contract is the thing to be 

 done or omitted by one or both parties. There are certain contracts, 



