Now it seems that, as justice is of two kinds, one unwritten and the other legal, one kind of friendship of utility is moral and the other legal. And so complaints arise most of all when men do not dissolve the relation in the spirit of the same type of friendship in which they contracted it. The legal type is that which is on fixed terms; its purely commercial variety is on the basis of immediate payment, while the more liberal variety allows time but stipulates for a definite quid pro quo. In this variety the debt is clear and not ambiguous, but in the postponement it contains an element of friendliness; and so some states do not allow suits arising out of such agreements, but think men who have bargained on a basis of credit ought to accept the consequences. The moral type is not on fixed terms; it makes a gift, or does whatever it does, as to a friend; but one expects to receive as much or more, as having not given but lent; and if a man is worse off when the relation is dissolved than he was when it was contracted he will complain. This happens because all or most men, while they wish for what is noble, choose what is advantageous; now it is noble to do well by another without a view to repayment, but it is the receiving of benefits that is advantageous. Therefore if we can we should return the equivalent of what we have received (for we must not make a man our friend against his will; we must recognize that we were mistaken at the first and took a benefit from a person we should not have taken it from-since it was not from a friend, nor from one who did it just for the sake of acting so-and we must settle up just as if we had been benefited on fixed terms). Indeed, one would agree to repay if one could (if one could not, even the giver would not have expected one to do so); therefore if it is possible we must repay. But at the outset we must consider the man by whom we are being benefited and on what terms he is acting, in order that we may accept the benefit on these terms, or else decline it.
