英文法律词典 C-108

CONTRACT or BENEVOLENCE¹, Civil law. One which is made for the benefit of only one of the contracting parties; such as loan for use, deposit, and mandate². Poth. Obl. n. 12. See Contracts.

CONTRACTION³. An abbreviation; a mode of writing or printing by which some of the letters of a word are omitted. See Abbreviations.

CONTRACTOR⁴. One who enters into a contract this term is usually applied⁵ to persons who undertake to do public work, or the work for a company or corporation on a large scale, at a certain fixed⁶ price, or to furnish goods to another at a fixed or ascertained⁷ price. 2 Pardess. n. 300. Vide 5 Whart. 366.

CONTRADICTION. The incompatibility⁸, contrariety, and evident opposition⁹ of two ideas, which are the subject of one and the same proposition.

2. In general, when a party accused of a crime contradicts himself, it is presumed he does so because he is guilty for truth does not contradict itself, and is always consistent, whereas falsehood is in general inconsistent and the truth of some known facts will contradict thefalsehood of those which are falsely alleged¹¹ to be true. But there must still be much caution used by the judge, as there may be sometimes apparent contradictions which arise either from the timidity, the ignorance, or the inability of the party to explain himself, when in fact he tells the truth.

3. When a witness contradicts himself as to something which is important in the case, his testimony¹² will be much weakened, or it may be entirely¹³ discredited¹⁴ and when he relates a story of facts which he alleges¹⁵ passed only in his presence, and he is contradicted as to other facts which are known to others, his credit will be much impaired¹⁶.

4. When two witnesses, or other persons, state things directly opposed to each other, it is the duty of the judge or jury to reconcile these apparent contradictions; but when this cannot be done, the more improbable statement must be rejected; or, if both are entitled to the same credit, then the matter is as if no proof had been given. See Circumstances.

CONTRAFACTION, crim. law. Counterfeiting¹⁷, imitating. In the French law contrafaction (contrefacon) is the illegal reprinting of a took for which the author or his assignee has a copyriglit, to the prejudice of the latter. Merl' Repert. mot Contrefacon.

CONTRAVENTION, French law. An act which violates the law, a treaty or an agreement which the party has made. The Penal¹⁹ Code, art. 1, denominates a contravention, that infraction²⁰ of the law punished by a fine, which does not exceed fifteen francs, and an imprisonment²¹ not exceeding three days.

CONTRECTATION. The ability to be removed. In order to commit a larceny²², the property must have been removed. When, from its nature, it is incapable²³ of contrectation, as real estate, there can be no larceny. Bowy. Mod. Civ. Law, 268. See Larceny Furtum est contrectatio rei fraudulosa. Dig. 47, 2. See Taking.

CONTREFACON, French law. Counterfeit¹⁸. This is a bookseller's term, which signifies the offence of those who print or cause to be printed, without lawful²⁴ authority, a book of which the author or his assigns have a copyright. Merl. Rep. h. t.

CONTRIBUTION, civil law. A partition by which the creditors²⁵ of an insolvent²⁶ debtor²⁷ divide, among themselves the proceeds of his property, proportionably to the amount of their respective credits. Civ. Code of Lo. art. 2522, n. 10. It is a division pro¹⁰ rata. Merl. Rep. h. t.