英文法律词典 L-24

LETTER, contracts. In the civil law, locator, and in the French law, locateur, loueur, or bailleur, is he who, being the owner of a thing, lets it out to another for hire or compensation. See Hire; Locator; Conductor; Story on Bailm. §369.

2. According to the French and civil law, in virtue¹ of the contract, the letter of a thing to hire impliedly engages that the hirer shall have the full use and enjoyment² of the thing hired, and that he will fulfil his own engagements and trusts in respect to it, according to the original intention of the parties. This implies an obligation to deliver the thing to the hirer; to refrain from every obstruction³ to the use of it by the hirer during the period of the bailment⁴; to do no act which shall deprive the hirer of the thing; to warrant the title and possession to the hirer, to enable him to use the thing or to perform the service; to keep the thing in suitable order and repair for the purpose of the bailment; and finally to warrant the thing from from any fault inconsistent with the use of it. These are the main obligations deduced from the nature of the contract, and they seem generally founded on unexceptionable reasoning. Pothier, Louage, n. 53; Id. n. 217; Domat, B. 1, tit. 4, §3 Code Civ. of L. tit. 9, c. 2, s. 2. It is difficult to say how far (reasonable as they are in a general sense) these obligations are recognized in the common law. In some respects the common law certainly differs. See Repairs; Dougl. 744, 748; 1 Saund. 321, 32e, and ibid. note 7; 4 T. R. 318; 1 Bouv. Inst. n. 980 et seq.

LETTER, civil law. The answer which the prince gave to questions of law which had been submitted to him by magistrates⁵, was called letters or epistles. See Rescripts.

LETTER OF ADVICE. comm. law. A letter containing information of any circumstances unknown to the person to whom it is written; generally informing him of some act done by the writer of the letter.

2. It is usual and perfectly⁶ proper for the drawer of a bill of exchange to write a letter of advice to the drawee, as well to prevent fraud or alteration⁷ of the bill, as to let the drawee know what provision has been made for the payment of the bill. Chitt. Bills 185. (ed. of 1836.)

LETTER OF ATTORNEY, practice. A written instrument under seal, by which one or more persons, called the constituents⁸, authorize¹⁰ one or more other persons called the attorneys, to do some lawful¹¹ act by the latter, for or instead, and in the place of the former. 1 Moody¹², Cr. Cas. 52, 70.

2. The authority given in the lettor of attorney is either general, as to transact¹³ all the business of the constituent⁹; or special, as to do some special business, particularly named; as, to collect a debt.

3. It is revocable or irrevocable; the former when no interest is conveyed to the attorney, or some other person. It is irrevocable when the constituent conveys a right to the attorney in the matter which is the subject of it; as, when it is given as part security. 2 Esp. R. 565. Civil Code of Lo: art. 2954 to 2970.