JB/087/133/001

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5

Indirect Legislation

Mischief

Where this expedient can not be employ'd, as where
the offender has it not in his power to do what
is requisite to afford the sufferer a compensation;
or where it ceases to be of advantage, as where
the burthen of making compensation imparts a
greater quantity of suffering than ought to be borne inflicted
for the purpose of punishment, there remains the only method nothing
but either to let it rest upon the sufferer altogether of there is no other way of lessening the ultimate sum of
or to suffering than by throwing the burthen
on some third party party party or persons who is innocent but who
are is better able to bear it than the person on whom
it fell in the first instance. Now in regard to a burthen of the pecuniary kind there are two circumstances
by which one person may be render'd
better able to bear it than another: one is the
being prepared for it by expectation: the other is
the having a greater fund for it to come out of. v. Ch. [Sensibility]
On the first of these circumstances depends the usefulness
of insurance when carried on although proposed undertaken by a person
no richer perhaps than the original sufferer: the
insurer having received his premium, consents to run the risk and prepares his mind accordingly:
on the latter depends the usefulness of a con-
-tribution

(a) It has In a fair bargain, as hath been very ingeniously observed by the Abbé de
Condillac, Le Commerce & le
gouvernement, considerés
relativement l'un a l'autre.
Amst. 1776 12mo. Ch. 1 & 4
each party is a gainer: each party by parting
with that which in his estimation is worth less, acquires
what in his estimation is worth more. If this were not the
case they would act each of them without a motive.

Identifier: | JB/087/133/001 "JB/" can not be assigned to a declared number type with value 87.
Date_1		Marginal Summary Numbering
Box	087	Main Headings	indirect legislation
Folio number	133	Info in main headings field	indirect legislation
Image	001	Titles	note
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering
Penner	jeremy bentham	Watermarks	[[watermarks::r williams [britannia with shield emblem]]]
Marginals		Paper Producer	c. hamilton
Corrections		Paper Produced in Year
Notes public		ID Number	27658
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