Page:United States Statutes at Large Volume 47 Part 1.djvu/1218

 1194 C EOSS RE FERE NCE ,p.1201. Rescission of contract for mistake, see section 581. Mi sta ke of foreign SIx. 509 . M IST AKE OF FOREIGN LAWS .-Mistake of foreign la ws is Iaws. a m ist ake of f act . Mutuality of co n- SEC. 510 . MUTUAL ITY OF CO NSE NT .-Con sent is not m utua l, u nless mot' the parties all agree upon the same thing in the sa me sense. But in certain cases defined by the chapter on interpretation, they are to be dee med so to ag ree without regard to the fact. ' EOSS REFERENCE Port, p.1197. Interpretation of contracts, see sections 546 et seq. Communication of SEC. 51 1. COMMUNICATION OF CONSENT .-Consent can be communi- consent. to ted with, effect, o nly by s ome act or omi ss ion of the party contracting, by which he inten ds to c ommunica te it, or which necessaril y tends to such communication. Modeofeommunicat- s. 512, MODE OF COMMUNIC ATING A CCEPTANC E OF PROPOSAL .-If ing acce ptance. a pro po sal prescribes any con di tio ns concerning the communication of its acce ptance, the proposer is not bound u nless they a re conforme d to; but in other cases any reasonable and usual mode may be adopted. when communica- SEC . 513 . WHEN COMMUNICATION DEEMED COMPLETE.-Consent is on deemed complete. deemed to be fully communicated between the parties as soon as the party accepting a prop osal has put his acceptanc e in the course of tran smi ssio n to the pr opo ser, in con form ity to sec tion 512 . Acceptance by per SEC. 51 4. ACCEPTANCE BY PERFORMANCE OF CONDITIONS .-Perform- formance. ante pf the conditions of a propos al, or the acceptance o f the consi d- erat ion off ere d wi th a pr opos al, is an a cce ptan ce of the proposal. abac ie etp~ tsnee m ust be SEC . 515. AC CEP TAN CE MU ST BE ABSOLUTE .-An' acceptance must be absolute and unqualified, or must inc lu de in itself an acceptance of th at character which the proposer can separate from the rest, and whic h w ill con clud e the person _accepting. A qualified acceptance is a new proposal. Re voc ati on of pr o- See. 516. REVOCATION OF PROPOSAL.-A proposal may be revoked at ' any time before its acceptance is communicated to the proposer, but not after ward s. How made. Sec. 517. REVOCATION, HOW MADE.-A proposal is revoked 1. By communication of notice of revocation by the proposer to the other party, in the manner prescribed by sections 511 and 513, befo re his ac cept ance has been comm unic ated to the f ormer 2. By the lapse of the t ime pres cribe d in such pro posa l for its acce pta nce, or if no t ime is so pres crib ed, the la pse of a re ason able time without communication of the acceptance ; 3. By the failure of the acceptor to ful fill a c ondit ion prec edent to acceptance ; or, 4. By the death or insanity off the proposer. Ratation ofantcon- ,SEC. 518. RATIFICATION OF CONTRACT VOID F`OR WANT OF CONSENT .- consent. A contract which is voidable solely for want of du e consent, maSr be ratified by a subseque nt consent. Assumption of obli- SEC. 519. A SSUMPT ION OF OBLIGATION BY ACCEPTANCE OF BENEFITS .- gation by acceptance of benefits. A voluntary acceptance of the benefit of a tra nsaction is equivalent to a consent to all the obligations arising from it, so far as the facts are known , or oug ht to be known, to the person accepting. Pool. p. 1846. 72d C ONGRESS. SESS. II. CH. 12 8. FEBRUARY 27, 1933. CROSS R EFERENCE Se who takes benefit must bear burden, see section 1709 .