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nefit under it, or with his consent, extin ecutory obligations of the contract in parties who do not consent to the act.

09 Where a contract is executed in d ion or destruction of one copy, while the within the provisions of the last section.

PART III.

Abstinence

from in

jury.

Fraudu

lent deceit.

Deceit, what.

Deceit upon the public, &c.

OBLIGATIONS IMPOSED BY LAW.

§ 1120. Every person is bound, without contract, to abstain from infringing upon any of the rights of another.

§ 1121 One who willfully deceives another, with intent to induce him to alter his position to his injury or risk, is liable for any damage which he thereby suffers.

§ 1122 A deceit, within the meaning of the last section is either:

1. The suggestion, 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 likely to mislead for want of communication of that fact; or,

4. A promise, made without any intention of perform ing it.

§ 1123 One who practices a deceit with intent to defraud the public, or a particular class of persons, is deemed to

26 Every one is responsible, not only for willful acts, but also for an injury occasi by his want of ordinary care or skill in t of his property or person; unless the latt rought the injury upon himself, or has tributory negligence.

127. Other obligations are prescribed by th d Divisions of this CODE.

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-2 An agreement for sale is either: n agreement to sell;

n agreement to buy; or,

mutual agreement to sell and buy.

43 An agreement to sell is a contract by s, for a price, to transfer to another the thing.

44 An agreement to buy is a contract by s to accept from another, and pay a price rtain thing.

45 An agreement to sell and buy is a one engages to transfer the title to a certa

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