When the transferring of right, is not mutual: but one of the parties transferreth, in hope to gain thereby friendship, or service from another, or from his friends; or in hope to gain the reputation of charity, or magnanimity, or to deliver his mind from the pain of compassion; or in hope of reward in heaven; this is not contract, but “gift,” “free gift,” “grace,” which words signify one and the same thing.

Signs of contract, are either “express,” or “by inference.” Express, are words spoken with understanding of what they signify; and such words are either of the time “present,” or “past”; as, “I give,” “I grant,” “I have given,” “I have granted,” “I will that this be yours”; or of the future, as, “I will give,” “I will grant”; which words of the future are called “promise.”

Signs by inference are sometimes the consequence of words; sometimes the consequence of silence; sometimes the consequence of actions; sometimes the consequence of forbearing an action: and generally a sign by inference, of any contract, is whatsoever sufficiently argues the will of the contractor.