Page:United States Statutes at Large Volume 47 Part 1.djvu/1227

 72d C ONGRESS. SESS. II. CH. 128 . FEBRU ARY 27, 1933 . contract, by a party ent it led to any be ne fit under it, or with his co nsent, ext ingui shes all t he ex ecuto ry ob ligat ions of th e con tract in his favor, against parties who do not consent to the act. SEC. 588. ALTERATION OF DUPLICATE, NOT TO PREJUDICE .-Where a ceRlteration of dupli• co ntrac t is execu ted i n dup licat e, an alte ratio n or destr uctio n of one copy, while the other exists, is not within the provisions of section 587 . CHAPTER 3 3 .-OBLIGATIONS IMPOSED BY LAW SEC. 589. ABSTINENCE FROM INJURY .-Every person is bound, with- yAbst ine nc e from in- out contract, to abstain from injuring the person or property of another, or infringing upon any of his rights . SEC. 590. FRA UDULE NT DECEIT .-One who willfully deceives an oth er Fraudulent deceit. with intent to induce him to alter his position to his injury, or risk, is liable for any damage which he thereby suffers. CROSS REFERENCE Fraud, see sections 501 et seq. SEC. 591. DEC EIT, wRAT .-A d eceit, with in the mea ning of se ction 590, is either 1. The suggestion, as a fac t, of t hat which is not true, by one who does not believe it to be true ; 2. The assertion, as a fact, of that which is not true, by one who has no re aso na ble ground for believing it to be true ; 3. The suppression of a fact, by one who is bound to disclose it, or who gives information of other facts which are likely to mislead for wan t of communication of tha t fact ; or 4. A p romis e mad e wit hout any i ntent ion of per formi ng it. CROSS R FENCE Fraud, actual or constructive, see sections 501 et seq. OBLIGA TIONS IMPOSED BY LAW. Ante, p. 1192 . "Deceit," defined. Amte, p.1192. 1203 SEC. 592 . DECEIT UPON THE PUBLIC, ETC .-One who practices a let upo n the p ub- deceit with intent to defraud the pulic, or a particulr class of he' etc . per sons, is d eemed to h ave i ntend ed to defr aud e very indiv idual in that class, who is actually misled by the deceit. SEC. 593. RESTORATION OF TH1NG WRONGFULLY ACQUIRED .-One who Restoration o[ thing wrongfully acquired. obtains a thing without the consent of its owner, or by a consent afterwards rescinded, or by an unlawful exaction which the owner could not at the time prudently refuse, must restore it to the person fr om wh om it was th us obtained, unless he has acquired a ti tle thereto superior to that of such other person, or unless the trans- action was corrupt and unlawful on both sides . wh en de mand neo- SEC. 594. WHEN DEMAND NECESSARY .- The restoration required by essary n section 593 must be made without demand, except where a thing is obtained by mutual mistake, in which case the party obtaining the th ing is not bound to return it unt il he has notice of the mistake. SEC. 595. RESPONSIBILITY FOR WILLFUL ACTS, NEGLIGENCE, FTC .- Re spons ibili ty for Ev ery one is responsible, not on ly for the result of his willul acts, etc . but also for an injury occasioned to another by his want of ordinary care or skill in the management of his property or person, except so far as the latter has willfully brought the injury upon imse lf. Wan t of ordinary care on the partt of the injured person shall not bar a recovery, but the damages shall be diminished by the court or j ury in pro porti on to the want of or dinar y car e att ribut able to such perso n. The extent of liability in the cases co ver ed by t his section is defined by the chapter on compensatory relief.