Negotiation

The deliberation which takes place between the parties touching a proposed agreement. That which transpires in the negotiation makes no part of the agreement, unless introduced into it. It is a general rule that no evidence can be given to add, diminish, contradict, or alter a written instrument.

1 Ball. (Pa.) 426; 4 Dall. (Pa.) 340; 3 Serg. & R. (Pa.) 609.

In Mercantile Law. The act by which a bill of exchange or promissory note is put into circulation by being passed by one of the original parties to another person. Until an accommodation bill or note has been negotiated, there is no contract which can be enforced on the note; the contract, either express or implied, that the party NEGOTIORUM GESTIO (Lat.) In the civil law. Literally, a doing of business or businesses; a species of spontaneous agency, or an interference by one in the affairs of another, in his absence, from benevolence or friendship, and without authority.

2 Kent, Comm. 616, note; Inst. 3. 28. 1; Dig. 3. 5.

The intervention of a person acting without authority in transacting the affairs of another. NEGOTIORUM GESTOR (Lat.) In civil law. One who spontaneously, and without authority, undertakes to act for another, during his absence, in his affairs. In cases of this sort, as he acts wholly without authority, there can, strictly speaking, be no contract; but the civil law raises a quasi mandate by implication for the benefit of the owner in many such cases.

Mackeld. Civ. Law, § 460; 2 Kent, Comm. 616, note; Story, Bailm, §§82,189.