Pagina 523 de 734

But where the original giving is not upon these terms but

avowedly for some return, the most proper course is perhaps for

the requital to be such as both shall allow to be proportionate,

and, where this cannot be, then for the receiver to fix the value

would seem to be not only necessary but also fair: because when

the first giver gets that which is equivalent to the advantage

received by the other, or to what he would have given to secure

the pleasure he has had, then he has the value from him: for not

only is this seen to be the course adopted in matters of buying

and selling but also in some places the law does not allow of

actions upon voluntary dealings; on the principle that when one

man has trusted another he must be content to have the obligation

discharged in the same spirit as he originally contracted it:

that is to say, it is thought fairer for the trusted, than for

the trusting, party, to fix the value.