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[92] “If a man thinks that he is selling brass, when he is actually selling gold, should an upright man inform him that his stuff is gold, or go on buying for one shilling1 what is worth a thousand?”

It is clear enough by this time what my views are on these questions, and what are the grounds of dispute between the above-named philosophers.

[p. 369] 24. The question arises also whether agreements 2 and promises must always be kept, “when,” in the language of the praetors' edicts, “they have not been secured through force or criminal fraud.”

If one man gives another a remedy for the dropsy, with the stipulation that, if he is cured by it, he shall never make use of it again; suppose the patient's health is restored by the use of it, but some years later he contracts the same disease once more; and suppose he cannot secure from the man with whom he made the agreement permission to use the remedy again, what should he do? That is the question. Since the man is unfeeling in refusing the request, and since no harm could be done to him by his friend's using the remedy, the sick man is justified in doing what he can for his own life and health.

1 The denarius was worth at this time about nine-pence.

2 Promises not binding: (1) when life or health is at stake,

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