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Ch. VI Judicatory Judiciary application
(2) 6 §.7 Security against falshood
8
Falsity in circumstance
what
Art. II By falsity in circumstance understand the case
in which the in respect of some circumstance the Statement appears
to be false, but, deducting the falsity enough b remains
to warrant the judicial call upon the pursuer.
9
Example as to time
& place
Example
In From the tenor of the charge as
it appears whether from self contradiction on the part of
the applicant, or from some greatly notorious and uncontested fact no either not known
to him or not heeded by him that the material act stated by him
if indeed it happened did not happen at the time stated, or even at
the place stated, or that a person stated as present could was
not present.
10
Falsity in degree
what
Art. III By falsity in quantity or degree understand the case
in which though in the degree stated by the applicant the
result of the act stated by the applicant did not take place or could
not have taken place, it might nevertheless for ought appears
have had place in a degree sufficient to warrant
the proposed call upon the pursuer. In this case the falsity
takes the name of exaggeration.
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Examples 1 value
of goods sold 2 value
of damage
Example. 1. Amount of In case of debt for goods sold, value
as stated, so much; real true value not more than half as much
2. Amount of the money constituting an equivalent in satisfaction
for damage sustained by goods from ill will or negligence,
so much: real amount not more than half as much.
12
In case of exaggeration
judgment as to state of
the mind
From the amount of the exaggeration with or without other
circumstances, a judgment may be found whether it was the had for its result
accompaniment of blameless error, of rash judgment and assertion, of insincerity
or mendacity
Identifier: | JB/052/258/001 "JB/" can not be assigned to a declared number type with value 52.
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