Willis : Anglo-American Law 
31 
all are under duty to render it. A representation may be 
either an inducement to a contract, when — if it is false as 
above outlined — it is a tort; or a warranty, which is a con- 
tract collateral to another principal contract ; or a promissory 
condition, in either of which last two cases (but not if a casual 
condition) — if it is false — there is a breach of contract. The 
right to immunity from fraud is an innate right, acquired at 
the moment of birth, and a violation of it is the tort of deceit, 
or fraud. The right terminates with death. 
There is no right to immunity from duress and undue in- 
fluence, and therefore they are not torts, and yet if a con- 
tract is procured by duress, or by undue influence, it is as 
voidable as one procured by fraud. Duress and undue influ- 
ence, like fraud, create powers and privileges, but they have 
no further legal effect. Privileges and powers will be dis- 
cussed later. 
(g) Advantages Open to Community. The rights to the 
advantages open to the community generally include the rights 
of persons to perform without molestation all lawful acts 
and to enjoy the ^privileges which attach to them as citizens, 
and may be classed as the right to livelihood, the right to 
highways, the right to freedom from abuse of legal process, 
and the right to contract. They are private antecedent legal 
rights in rem. The object of these rights is, respectively, oc- 
cupation, public highways and rivers, machinery of the law, 
and a relation. The conduct also, respectively, is forbearance 
from interfering with the pursuit by which a person gains 
his livelihood to his damage, forbearance from obstructing the 
public highways and navigable rivers to his damage, forbear- 
ance from instituting a prosecution with malice and without 
reasonable probable cause for an offense falsely charged to 
have been committed (to his damage if not defamatory), and 
forbearance from procuring breach of contract, or procuring 
by force refusal to contract, by a third person to the first’s 
damage. These rights are innate and are acquired at the mo- 
ment of birth. A violation of the duty to permit contract is 
the tort of procuring breach or refusal to contract; of the 
duty not to obstruct highways, nuisance; of the duty not to 
abuse legal process, malicious prosecution; of the duty not 
to interfere with one’s livelihood, unfair competition or some 
other well-recognized tort. The rights terminate with death 
