This rule of construction is not of great importance, except in the analogous case of penal statutes; for the law favors and sup poses innocence.
Construction is against claims or contracts which are in themselves against common right or common law.
Neither false English nor bad Latin at-s a contract ("which perhaps a classical critic may think no unnecessary caution"). 2 Blackstone, Comm. 379 ; 6 Coke, 59.
Parties. There is no contract unless the parties assent thereto; and where such assent is impossible from the want, immaturity, or incapacity of mind of one of theparties, there can be no perfect contract. See PARTIES.
Remedy. The foundation of the common law of contracts may be said to be the giving of damages for the breach of it. When the thing to be done is the payment of money, damages paid in money are entirely adequate. When, however, the contract is for any thing else than the payment of money, the common law knows no other than a money remedy: it has no power to enforce a specific perform ance of the contract.
The injustice of measuring all rights and wrongs by a money standard, which as a remedy is often inadequate, led to the esta blishment of the equity power of decreeing specific 'performance when the remedy has failed at law. For example: contracts for
the sale of real estate will be specifically enforced in equity ; performance will be de creed, and conveyances compelled.
See, generally, as to contracts, Bouvier, Inst. Index ; Parsons, Chitty, Comyns, and Newland, on Contracts; Comyns, Dig. Abate ment (E 12), (F 8), Admiralty (E 10, 11), Action on Case on Assumpsit, Agreement, Bar gain and Sale, Baron et Ferne (2), Condition, Debt (A 8, 9), Enfant (B 5), Idiot (D 1), Merchant (E 1), Pleader (2 W 11, 43), Trade (D 3), War (B 2) ; Bacon, Abr. Agreement, Assumpsit, Condition, Obligation; Viner, Abr. Condition, Contract and Agreements, Covenant, Vendor, Vendee; 2 Belt. Suppl. Ves. 260, 295, 376, 441; Yelv. 47 ; 4 Ves. 497, 671; Archbold, Civ. Plead. 22 ; La. Civ. Code, 3, tit. 3-18 ; Pothier, Obligations ; Sugden, Ven dors and Purchasers ; Long, Sales (Rand. ed.); Jones, Story, and Edwards on Bailment; Toul lier, Droit Civil Francais, tom. 6, 7 ; Barbour, Parties ; Hammond, Parties to Actions, c. 1; Calvert, Parties ; Chitty, Pract. Index.
Each subject included in the law of con tracts will be found discussed in the separate articles of this Dictionary. See AGREEMENT;