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2. C Of Compensation
3.
To be civilly responsible, what
A man who, on account of any act of his or any other circumstance
belonging to him, is bound to yield compensation, is said to be
civilly responsible; in like measure as one who is bound to suffer
punishment is said to be criminally responsible.
§ect. II.
§. II. General Rule concerning Compensation.
1.
Compensation due whenever there is damage accompanied with blame.
In all cases in which, through the fault of one person, damage
is sustained by another, let the party culpable be made to yield
compensation to the party damnified, unless where it is otherwise particularly
determined by the Law. A party may be culpable either through
intentional delinquency or through heedlessness, or rashness.
Reasons
1. Because damage falling
on the innocent party
can turn to no good
account.
1. By the supposition there is a mischief which must be born by somebody;
the question is by whom it shall be born? If it is born by the
blameless party on whom it falls in the first instance it is so
much pure mischief; if it is born by the person through whose
delinquency it happened, it operates in the way of prevention,
and is attended with the good effects of punishment. If therefore
there be ever so small an appearance of blame, and ever
so small a chance of preventing a person from incurring the like blame
Identifier: | JB/098/043/002 "JB/" can not be assigned to a declared number type with value 98.
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098 |
penal code |
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043 |
of compensation |
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002 |
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copy/fair copy sheet |
4 |
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recto |
f1 / f2 / f3 / f4 |
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[[watermarks::myears [lion with crown emblem]]] |
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caroline fox |
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31651 |
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