The Arrangement of the Law where A delegates to B the performance of some duty of his, (3) direction, as where A commands or directs B to do an act, (4) relation, where A is responsible
for B's conduct on the ground of some relation between them, e.g., of master and servant. The ground of relation might be merely mentioned here, and reference made to the various relations. PART SECOND
511
obligations from holding something of another's; obligations from quasi wrongful acts, e.g., to pay a penalty.
Debts.
Obligations from the reception
of benefits and some from holding some thing of another's are generally said to
arise from quasi or implied contracts. That
fiction
was
devised
to
bring
them within the scope of the action of indebitatus assumpsit. Now that forms of action are abolished, that fiction is useless and should be dropped. They
Rlon'rs AND DUTIES
are really non-contractual obligations, Rights in Rem. Personal security;
though the parties in some cases may
potestative rights; property; pecuniary condition. Under property abnormal property should be discussed so far
make a contract covering the same ground, in which case there are two concurrent obligations, one contractual
as the rights are rights in rem, with
and
references to such rights in personam as are for any purpose classed as prop
assumpsit was the proper form of action on the actual contract. In such cases
erty.
Equitable property rights are
of overlapping obligations, the plaintiff
rights in personam, and fall elsewhere. Titles to property should be discussed here, including succession at death, wills and the administration of assets.
of assumpsit or join counts in both. The Roman doctrine of obligations
I.
II. Duties Corresponding to Rights in Rem. Each duty should be defined with such exceptions, as are special to
it.
General exceptions,
such
as
defense and protection,authority,license, etc., should come after duties. Under each duty the rights to which it corre sponds should be specified.
III. Rights in Personam and Their Corresponding Duties. 1. Obligations. Rules applicable to obligations generally. Particular kinds of obligations, classi
fied according to their origin, omitting equitable obligations; obligations created 'by direct act of the state, by statute and judgment (a judgment should not be called a contract); contract obliga
tions; obligations created by gift, e.g., by a grant of a fund (see Langdell, Summary of Contracts, Debt); obliga
tions from the reception of benefits;
one
non-contractual.
Special
could choose between the two forms
ex delicto, i.e., that the commission of a tort gave rise to an obligation to make
compensation, so that an action for a tort was really one for specific per formance, and the civilians treat of torts under the head of obligations,
seems not to have been adopted in our law, except perhaps in equity or admiralty. It seems to me useless. Rights of action for wrongs are remedial rights, and should go in Part Fourth.
2. Equities. The classification of the jurisdiction of equity into exclusive, concurrent and remedial is useless. A better classification is into (1) primary or antecedent equitable rights and duties, and (2) secondary or remedial rights and remedies. The former belong here, the latter in Part Fourth.
An equity, roughly defined, is a claim in favor of one person on a right held by another. The right on which the claim exists may be called the basis
