Page:United States Statutes at Large Volume 76A.djvu/221

–125– -125§ 1314. Destruction, cancellation, or alteration by beneficiary The intentional destruction, cancellation, or material alteration of a written contract, by a party entitled to any benefit under it, or with his consent, extinguishes all the executory obligations of the contract in his favor, against parties who do not consent to the act. § 1315. Alteration or destruction of duplicate Where a contract is executed in duplicate, an alteration or destruction of one copy, while the other exists, is not within the purview of section 1314 of this title. CHAPTER 41—OBLIGATIONS IMPOSED BY LAW 8ec

1351. 1352. 1353. 1354. 1355. 1356. 1357.

Abstinence from injuring others. Damages for deceit. Deceit defined. Deceit upon the public or a ciass. Thing wrongfully acquired; restoration. Same; demand for restoration. Willful acts and negligence; contributory negligence.

§ 1351. Abstinence from injuring others Every person is bound, without contract, to abstain from injuring the person or property of another, or infringing upon any of his rights. § 1352. Damages for deceit One who willfully deceives another with intent to induce him to alter his position to his injury, or risl^, is liable for any damage which he thereby suffers. § 1353. Deceit defined A deceit, within the meaning of section 1352 of this title, is: (1) the sugg^tion, as a fact, of that 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 reasonable 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 lilcely to mislead for want of communication of that fact; or (4) a promise made without any intention of performing it. § 1354. Deceit upon the public or a class One who practices a deceit with intent to defraud the public, or a particular class of persons, is deemed to have intended to derraud every individual in that class, who is actually misled by the deceit. § 1355. Thing wrongfully acquired; restoration One who obtains a thing without the consent of its owner, or by a consent afterwards rescinded, or by an unlawful exaction which the owner could not at the time prudently refuse, must restore it to the person from whom it was thus obtained, unless (1) he has acquired a title thereto superior to that of the other person; or (2) the transaction was corrupt and unlawful on both sides. § 1356. Same; demand for restoration The restoration required by section 1355 of this title must be made without demand, except where a thing is obtained by mutual mistake, in which case the party obtaining the thing is not bound to return it until he has notice of the mistalse.

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