JB/091/137/001

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28 Decy 1806
Scotch Reform To Ld Grenville

In To the case where the delay has been produced by
a speculation of iniquitous dishonest economy the same remedy applies
as far as it goes.

But to this the remedy does not cover the whole
extent of the mischief disease: it is a part only not the whole –
the an after part not the fore part of the unjust profit that
the decision attaches upon – the part only, and not the
whole of the loss that it attaches upon, and restores compensates
makes satisfaction for. To take away the motive to injustice, the interest
awarded should relate go back to the point of time at which
the usurpation commenced – taking away then the profit
of by injustice, if not always in case of mere temerity,
at any rate always in case of mala fides.

Then again as to the rate of interest – In a case like this Would ordinary
the greatest ordinary interest be sufficient? Shall it
be in the power of a wrongdoer to borrow at ordinary interest
of his adversary him whose enemy he has made himself – of the party whom he thus injures?
In a case like this Extra interest therefore presents itself as an allowance
as well which whether the case situation of the wrong-doer or that
of the party injured – whether prevention by means fear of the of punishment,
or satisfaction in the event of the punishments having
proved inefficient – be considered:

So to the rate of interest it is a point which to be in respect of which, if it be
settled according to justice must a considerable latitude of discretion
must be left to the Judge. So much in default of specific reason
for any higher or lower rate. But if cent per cent has been made
of it by the defendant, he being conscious of his own money, cent per
cent should be taken from, and given if not to the plaintiff, to someone
– in a word to anyone else. No man shall take advantage of his own wrong
says the maxim under the technical system so frequently quoted, so imperfect under the technical system, like so many other the rest of their maxims,
so misleading – not to say
so unfrequently observed.

Identifier: | JB/091/137/001 "JB/" can not be assigned to a declared number type with value 91.
Date_1	1806-12-28	Marginal Summary Numbering	24-27
Box	091	Main Headings	scotch reform
Folio number	137	Info in main headings field	scotch reform to ld grenville
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e9
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	29133
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