§ 1699. The destruction or cancellation of a written contract, or of the signature of the parties liable thereon, with intent to extinguish the obligation thereof, extinguishes it as to all the parties consenting to the act. § 1700. The intentional destruction, cancellation, or material alteration of a written contract, by a party entitled to any benefit under it, or with his consent, extinguishes all the executory obligations of the contract in his favor, against parties who do not consent to the act. § 1701. Where a contract is executed in duplicate, an alteration or destruction of one copy, while the other exists, is not within the provisions of the last section. PART III. OBLIGATIONS IMPOSED BY LAW. SECTION 1708. Abstinence from injury. 1709. Fraudulent deceit 1710. Deceit, what. 1711. Deceit upon the public, &c. 1712. Restoration of thing wrongfully acquired. 1714. Responsibility for wilful acts, negligence, &c. 1715. Other obligations § 1708. EVERY person is bound, without contract, to ab stain from injuring the person or property of another, or infringing upon any of his rights. As to what injuries are criminal, see Penal Code, §§ 346–349. § 1709. One who wilfully deceives another with intent to induce him to alter his position to his injury or risk, is liable for any damage which he thereby suffers. § 1710. A deceit, within the meaning of the last section, is either: 1. The suggestion, as a fact, of that which is not true, by one who does not believe it to be true; 2. The assertion, as a fact, of that which is not true, by one who has no reasonable ground for believing it to be true; 3. The suppression of a fact, by one who is bound to disclose it, or who gives information of other facts which are likely to mislead for want of communication of that fact; or, 4. A promise, made without any intention of performing it. § 1711. One who practises a deceit with intent to defraud the public, or a particular class of persons, is deemed to have intended to defraud every individual in that class, who is act ually misled by the deceit. § 1712. One who obtains a thing without the consent of its owner, or by a consent afterwards rescinded, or by an unlawful exaction which the owner could not at the time prudently refuse, must restore it to the person from whom it was thus obtained, unless he has acquired a title thereto superior to that of such other person, or unless the transaction was corrupt and unlawful on both sides. § 1713. The restoration required by the last section must be made without demand, except where a thing is obtained by mutual mistake, in which case the party obtaining the thing is not bound to return it until he has notice of the mistake. $1714. Every one is responsible, not only for the result of his wilful acts, but also for an injury occasioned to another by his want of ordinary care or skill in the management of his property or person, except so far as the latter has, wilfully or by want of ordinary care, brought the injury upon himself. The extent of liability in such cases is defined by the Title on Compensatory Relief. Penal Code, §§ 346-349. § 1715. Other obligations are prescribed by Divisions I. and II. of this Code. PART IV. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS. TITLE I. SALE, §§ 1721-1798. II. EXCHANGE, §§ 1804-1807. XV. NEGOTIABLE INSTRUMENTS, §§ 3086-3262. TITLE I. SALE. CHAPTER I. GENERAL PROVISIONS, §§ 1721-1741. II. RIGHTS AND OBLIGATIONS OF THE SELLER, §§ 1748 1778. III. RIGHTS AND OBLIGATIONS OF THE BUYER, §§ 1784 1786. IV. SALE BY AUCTION, §§ 1792-1798. CHAPTER I. GENERAL PROVISIONS. ARTICLE I. SALE, §§ 1721-1722. II. AGREEMENTS FOR SALE, §§ 1726-1734. ARTICLE I. SALE. SECTION 1721. Sale, what. 1722. Subject of sale. § 1721. SALE is a contract by which, for a pecuniary con sideration, called a price, one transfers to another an interest in property. § 1722. The subject of sale must be property, the title to which can be immediately transferred from the seller to the buyer. ARTICLE II. AGREEMENTS FOR SALE. SECTION 1726. Agreement for sale. 1727. Agreement to sell. 1728. Agreement to buy. 1729. Agreement to sell and buy. 1730. What may be the subject of the contract. 1781. Agreement to sell real property. 1732. Form of grant required by such contract. (Repealed.) 1733. Usual common law covenants required by such contracts, when. 1734. Form of such covenants. § 1726. An agreement for sale is either: 1. An agreement to sell; 2. An agreement to buy; or, 3. A mutual agreement to sell and buy. § 1727. An agreement to sell is a contract by which one engages, for a price, to transfer to another the title to a cerain thing. |