Simple

The word simple, as applied to contracts, is used in contradistinction to special. The class called simple contracts includes all such contracts as are entered into either orally or by writing not sealed; the latter comprehending such contracts as are entered into by the parties in writing, and authenticated by their affixing their seals. The former species of contracts are said, by some, to be called simple, because they subsist by reason simply of the agreement of the parties; by others, because their subject-matter is usually of a less complex nature. A written agreement not under seal is classed as a simple contract, the same as any agreement by mere word of mouth; for the common law drew no important distinction as to contracts in writing, unless they were sealed; and the requirement of the statute of frauds that certain agreements must be in writing has not been considered adequate reason for transferring them from the class of simple contracts to that of specialties. As to simple larceny, see Larceny; simple trust, see Trust.

Simplex commendatio non obligat

A simple recommendation does not bind. No obligation binding in law arises out of a mere recommendation. Where goods are sold by sample, or without the buyer seeing any of the goods which he purchases, he is entitled to rely upon the statements of the seller as to their character and quality; and he will be entitled to repudiate the transaction, or claim damages, if the seller's statements should be false, or calculated to deceive. But where the goods are inspected by the buyer, he has no such remedy; for in that case his eye is his merchant, and he is bound to satisfy himself. In the latter case, the mere commendation of the seller of the goods imposes no obligation or warranty that they are what he represents them to be; and the buyer can only claim compensation, or rescind his contract, where the defect, subsequently discovered, was one in the knowledge of the seller at the time, and one which he, the buyer, could not have discovered from careful inspection. This maxim may also be taken as expressing one of the rules of law concerning guaranties. A mere letter of introduction, or one conceived in general terms, recommending a certain person as worthy of confidence, and to whom credit in mercantile transactions may be safely given, is regarded as a mere recommendation, not inferring any liability as against the person writing such a letter. But when it goes beyond this, and specifies a sum as the limit to which credit may be given, or when it applies specially to a transaction, or dealing, or course of dealing, in which credit is necessary, and is accompanied by an assurance of safety, it will be held as a guaranty. Trayn. Max.