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Notes
1826. May 16.
Penal Code
Notes –
To operate as a justification, consent is suffered must be not
only free from uncareful compulsive and deceptious
practice. Moreover, it will not operate as a justification
in favour of a wronger, if the evil consequences of
the act being perceived by him, and intended by him
to be produced, he thought to avail himself of the
consent in the character of a justification to save
himself from responsibility.
( ) Profit interruption
Query. Can consent have any place here,
profit interruption being the unavoidable effect of
competition in trade. N.B. profit interception therefore
can not be treated as an offence, except where
uncareful compulsion or deceptious practice have has
ben employed in the production of it.
N.B. This restriction has place in regard
to every subject matter of competition whatsoever
it may be, as power, rank, reputation, female
favour seen sexual affection etc.
( ) Pecuniary
The cas The case of pecuniary competition has no place
here. If the object be to derive an indirect profit
from the wrongee's loss, the offence comes under the
head of fraudulent obtainment.
( ) Fraudulent obtainment. Consent is obtained: but
by the supposition it is fraudulently obtained.
Identifier: | JB/068/216/001 "JB/" can not be assigned to a declared number type with value 68.
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001 |
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copy/fair copy sheet |
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recto |
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john neal |
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