Page:United States Statutes at Large Volume 47 Part 1.djvu/1225

 72d CONGRESS. SESS. II. CH. 128 . FEBRUARY 27, 1933. SEC. 573. CERTAIN C ONTRA CTS UNLAwYUL .-Ail contracts which ha v e for their object, directly or indirectly, to exempt any one from responsibility for his own fraud, or willful injury to the person or prope rty of ano ther, or v iolat ion of la w, whether willful or negli- gen t, are against the policy of the law. Cuoss REFEaEICCES Carrier can not exempt himself from liability for negligent or wrongful Poet, p. 1256. acts, see section 963. Fraud, see sections 501 et seq. Ante, p. 1192. SEC. 574. CONTRACT FIXING DAMAGES, VOID .-Every contract by age , void. ontract fixing dam- which the amount of damage to be paid, or other compensation to be mad e, for a b reach of an obl igati on, is det ermin ed in anti cipat ion there of, is to that exten t voi d, ex cept as ex press ly provided in section 575 . SEC. 575. ExcEPTION .-The parties to a contract may agree therein Exception. upon an amount which shall be presumed to be the amount of dam- age sustain ed by a breach thereof, when, from the nature of the case, it would be impracticable or extremely difficult to fix the actual damage. Contract in restraint SE C. 576. CONTRACT IN RESTRAINT OF TRADE, VO I D .-Every contract of trade, void. by which any one is restrained from exercising a lawful profession, trade, for business of any kind, otherwise than is provided by sections 577 and 578, is to that extent void. Exception, in favor SEC. 57 7. ExCEPTioNS IN FAVOR OF PARTNERSHIP ARRANGEMENTS .- of partnership arrange Partners may, upon or in anticipation of a dissolution of the partner- menu . ship, agree that none of them will c arry on a simil ar bu sines s wit hin the same city or to wn where the partnership business has been t ransa cted, or w ithin a sp ecifi ed pa rt th ereof. SEC. 57 8. CONTR ACT IN RESTRAINT OF MARRIAGE, VOID .-Every con- ofmanrr ntract i n restrain t tract in restraint o f t he marriage of any person, other than a minor, is void. Cross R RENcE Conditions in restraint of marriage, see section 220. CH APTER 32 .-EXTINCTION OF CONTRACTS IN GE NER AL SEC. 579 . CONTRACT, How EXTINGUISHED .- A contract may be ex- t ingui shed in like manner with any other obligation, and also in t he manner prescribed by th is chapter. SE C. 580. RESCi ssioN EXTI NGUIS HES C ONTRA CT .-A Contract is ex- tinguished by its rescission. SEC. 581. W HEN PA RTY MAY RE SCI ND .-A party to a cont ract may rescind the same in the following ca ses only : 1 . If the consent of the party rescinding, on of any party jointly mntractir :g with hi m, was given by mista ke, or obt ained thro u gh dures s, im Race , fra ud, or und ue influence, exercised by or with the connivance of the party as to whom he resc inds, or of any other party to the contract jointly interested with such party; 3051 „ -33-76 Ante, p. 1156. EXTIN CTION OF CONTRACTS. In general. How extingushed CEOSS REF ENCE Cancellation of instruments, see sections 1648 et seq. Poet, p .12 27 RESC ISSIO N Rescission Contract oxtlr^ guished by. When party scrod. 1201 U lawful contracts.