6io LEGAL DEPARTMENT. 



however, which the law will not enforce. That is, if the thing to be done 

 is illegal, against the law, immoral, that is, contrary to good morals (in- 

 jurious to, or interfering with, the public welfare), in general restraint of 

 trade, such as an agreement not to conduct a certain lawful business any- 

 where, either for a limited or unlimited time, in general restraint of mar- 

 riage, such as a condition that a child may not marry any person living 

 in the same Province or following some particular profession or trade, if 

 the subject matter operates as a fraud on third persons, obstructs public 

 justice, that is, suppresses evidence, bribes witnesses or officers, or if 

 already compelled by law, because an agreement to do what is already 

 required of one will not increase the obligation, or if it has in it in any way, 

 the element of fraud, we cannot expect the law to enforce the contract. 



Mutual Assent. This is defined to be a meeting of minds. There 

 can be no binding contract without the assent of both parties ; and they 

 must assent at the same time and to the same thing. Mutual assent con- 

 sists of an offer bv one party and its acceptance by the other ; when the 

 offer is verbal, and the time allowed for acceptance is not mentioned, it 

 must be accepted within a reasonable time to make a contract. But in 

 case the offer and acceptance are written and passed through the mails, 

 the contract is complete when the acceptance is mailed, providing the 

 person accepting has received no notice of the withdrawal of the offer 

 before mailing his letter. When the offer calls for an answer by return 

 mail, any acceptance later than by return mail will not be binding on the 

 party making the ofTer. 



Time. When the time in which a contract is to be performed is not 

 expressed, the execution of the contract must be within a reasonable 

 time, and this is to be determined by the thing to be done. 



Construction of Contracts. In the construction of contracts no par- 

 ticular form of words is necessary, but the intention of the parties 

 should be clearly and definitely stated. 



Ignorance of Law. This is no reason for an omission or breach of 

 contract ; every one is supposed to know the law. 



Simple Contracts are Expressed, Implied, Verbal, Written, Joint, and 

 Several. 



Verbal Contract. A contract made by mere words spoken by the 

 parties is called a verbal contract. 



Written Contract. A contract in which the agreement is in writing 

 is called a written contract. It is no stronger than a verbal one when the 



