JB/098/045/001

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9. C Of Compensation

is either identical or in value. Identical restitution is the re-delivery
of the very thing that has been wrongfully kept or taken;
restitution in value is the delivery of something of equal value
in the room of a thing which has been wrongfully kept or taken.

2.
Restitution always to be performed.
Whenever 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.

§. V. Favour to be shewn to the party
damnified against a Wrong-doer.

§ect. 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 concerning
the quantum of compensation, let the turn of the scale be in favour of the

Identifier: | JB/098/045/001 "JB/" can not be assigned to a declared number type with value 98.
Date_1		Marginal Summary Numbering	2-3, 1-7
Box	098	Main Headings	penal code
Folio number	045	Info in main headings field	of compensation
Image	001	Titles
Category	copy/fair copy sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	f9 / f10 / f11 / f12
Penner		Watermarks	[[watermarks::myears [lion with crown emblem]]]
Marginals		Paper Producer	caroline fox
Corrections	jeremy bentham	Paper Produced in Year
Notes public		ID Number	31653
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