The idea of _Merit_ is thus explained. Of two contracting parties, the
one that has first performed merits what he is to receive by the
other"s performance, or has it as _due_. Even the person that wins a
prize, offered by free-gift to many, merits it. But, whereas, in
contract, I merit by virtue of my own power and the other contractor"s
need, in the case of the gift, I merit only by the benignity of the
giver, and to the extent that, when he has given it, it shall be mine
rather than another"s. This distinction he believes to coincide with
the scholastic separation of _merilum congrui_ and _merilum condigni_.