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3
Of Justifications.
9
[(B) Free] Consent — in what cases not free — when Consent is not free if given only inconsequence
of a well-grounded apprehension of greater injury: As if
a man give you cause to apprehend that if you will not
fight with him at fisticuffs or stand still and let him
beat You, he will shoot You; or set your House on fire; or
publish you for a Coward; or will not pay You what he
is bound by Law to pay you.
10
2. But if all he give you to apprehend is that he will
not shew you some favour which otherwise he intended to might have
shewn You, this of itself makes not the Consent otherwise
than free.
10 11
[(C) Fairly] Consent — in what cases not fairly obtained 1. Consent is obtained unfairly or by imposition
when given only in virtue of a false representation or studied
concealment— of the consequences likely to ensue from
the evil consented to. As if a man consent to fight You
at fisticuffs; and You tackle a roll of lead in your hand in order to
to give weight to the blow, to take up a piece of
lead and hold in your hand, without his being apprised
of it.
12
2.— Or of circumstances which would diminish his chance
of attaining the object which was his inducement to Consent.
As if upon your mutual consent to fight, you secretly
make use of a plate of metal or any other substance by may
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Identifier: | JB/071/001/003 "JB/" can not be assigned to a declared number type with value 71.
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8-13 |
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071 |
penal code |
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001 |
of justifications |
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003 |
of the several grounds of justification in offences against individuals / exposition / justification 2d - medical practice |
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copy/fair copy sheet |
4 |
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recto |
f1 / f2 / f3 / f4 |
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[[watermarks::[gr with crown motif] propatria [britannia motif]]] |
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23404 |
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