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C 11.
Of Compensation.
something of equal value in the room of a thing which
has been wrongfully kept or taken.
2.
Restitution always to be performed.
Wherever it can be done, let identical restitution
(if it be demanded) be made in part of compensation.
3.
It can never amount to a full compensation
Where Restitution has been performed, a supplemental
amends must be made in order to make up a
full and adequate compensation.
Reasons
Restitution is no compensation for the use.
Whatever benefit a man can derive from any article
of property consists in the having the use of it: now
so long as he is kept out of possession of the thing so much
does he lose of the use of it; this loss it is evident is not
compensated for by simple Restitution.
S. V. Favour to be shewn to the party damnified against a Wrong-doer.
Sect. V.
1.
The Party damnified is to be favoured.
Where there appears to be any the least reason
for imputing blame to the author of the damage, if any doubt arises
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Identifier: | JB/098/034/003 "JB/" can not be assigned to a declared number type with value 98.
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9-12, 1-3, 1-2 |
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098 |
penal code |
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034 |
of compensation |
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003 |
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copy/fair copy sheet |
4 |
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recto |
f9 / f10 / f11 / f12 |
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[[watermarks::myears [lion with crown emblem]]] |
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caroline fox |
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31642 |
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