208

THE RELATIVE DUTIES OF MANKIND. [Part III.

case, however, it is assumed, that the qualifications of the candi-dates are equal ; otherwise the elector (such is the nature of theelective franchise) must break through his promise, and prefer himwho is best qualified. Again, a father promises a certain fortunewith his daughter, supposing his estate to amount to a certain sum ;but upon examination, his affairs are in a worse condition than hewas aware of. Here, also, the promise was erroneous ; but, forthe reason assigned in the last case, will still be binding.

The case of erroneous promises is attended with some diffi-culty ; — on the one hand, to allow every mistake or change ofcircumstances to dissolve the obligation of a promise, would beto admit a latitude which might set aside the force of almost allpromises ; and, on the other hand, to gird the obligation so tightas to make no allowances for manifest and fundamental errors,would, in many instances, be productive of great hardship andeven absurdity.*

6. A promise is not binding when the performance is impossi-ble. As plain as this may seem at first sight, still it admits ofsome illustration. The promiser is guilty of fraud, if he is se-cretly aware of the impossibility, at the time of making thepromise ; because, when any one promises any thing, his prom-ise implies, that he is convinced of the possibility of performingit, and no one can accept or understand a promise under anyother supposition. With a knowledge of the impossibility ofperformance, the promiser is justly chargeable with a flagrantbreach of good faith. If the promiser himself occasions theimpossibility of performance , it is a still more flagrant breach ofgood faith ; as when a soldier or servant maims or otherwisedisables himself, that he may avoid performing his engagements.f

Again, it generally depends upon the promiser himself, wheth-er it shall be possible for him to perform his promises ; some actor some endeavours of his may be necessary to put him in sucha situation as will make the performance possible. A promise,in this case, binds him to the doing of those acts, or to the usingof those endeavours, though such acts and such endeavours are notmentioned in it; since he who has obliged himself to the end,

* See Taley’s Moral and Political Philosophy, pp. 80 - 82. t Idem, p. 75.