Consideration.
COnsideration is the material cause of a Contract, with∣out which no Contract can bind the party. This Consideration is either expressed, as when a man bargains to give twenty shillings for an Horse: or is im∣plied,
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COnsideration is the material cause of a Contract, with∣out which no Contract can bind the party. This Consideration is either expressed, as when a man bargains to give twenty shillings for an Horse: or is im∣plied,
as when the Law it self inforces a Consideration; as if a man comes into a common Inne, and there staying some time, takes meat or lodging, or either, for himself or his horse, the Law presumes he intends to pay for both, notwithstanding that nothing be covenanted be∣tween him and his Host, and therefore if he discharges not the house, the Host may stay his horse.
Also there is Consideration of nature and blood, and Valu∣able Consideration: and there∣fore if a man be indebted to di∣vers others, and yet, in consi∣deration of natural affection, gives all his goods to his son or cousin, this shall be construed a fraudulent Gift within the Act of 13 Eliz. c. 5. because this Act intends a Valuable conside∣ration.