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'' | <head><!-- in pencil -->1</head> | ||
<p><note><!-- in pencil -->Accommodation Where forcing compromise may be useful</note> There is one case in which under a rational<lb/> | |||
system of procedure good may be done<lb/> | |||
in the way of accommodation of causes, and there<lb/> | |||
is but one. This is where <note>the parties being both <hi rend='underline'>in good faith</hi>, each sincerely persuaded of having right on his side the quantity of a man's right is itself uncertain</note> the cause is so<lb/> | |||
circumstanced that the natural <add>and inevitable</add> <sic>expence</sic> of<lb/> | |||
<add>liquidating</add> the enquiry is likely to be more in value than<lb/> | |||
the difference between the subject in dispute. By<lb/> | |||
the natural I mean the inevitable: I mean<lb/> | |||
that part of the present actual <add>necessary</add> <sic>expence</sic> at present<lb/> | |||
necessary which would remain after that<lb/> | |||
<add>factitious</add> part has been deducted which taxes and a <del>bad</del><lb/> | |||
<sic>vitious</sic> mode of procedure have created, and that<lb/> | |||
part which <del>good economy might be capable</del><lb/> | |||
<del>of saving out</del> is capable of being saved out of<lb/> | |||
the natural <sic>expence</sic> by economical expedients.<lb/> | |||
It is not necessary to enquire here <del>W</del>what <sic>expence</sic><lb/> | |||
is and what is not inevitable need not be <add>demanded</add> enquired<lb/> | |||
here. In that case a friend to the plaintiff<lb/> | |||
may say to him, <del>you can</del> it is impossible<lb/> | |||
to say on whom the <sic>expence</sic> may fall. You<lb/> | |||
<del>demand ten pound</del> think yourself entitled<lb/> | |||
to ten pound: the defendant thinks you entitled<lb/> | |||
to nothing: the costs which can not be less than<lb/> | |||
twenty pound are as likely to fall upon you <add>as</add></p> | |||
<pb/> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
1
Accommodation Where forcing compromise may be useful There is one case in which under a rational
system of procedure good may be done
in the way of accommodation of causes, and there
is but one. This is where the parties being both in good faith, each sincerely persuaded of having right on his side the quantity of a man's right is itself uncertain the cause is so
circumstanced that the natural and inevitable expence of
liquidating the enquiry is likely to be more in value than
the difference between the subject in dispute. By
the natural I mean the inevitable: I mean
that part of the present actual necessary expence at present
necessary which would remain after that
factitious part has been deducted which taxes and a bad
vitious mode of procedure have created, and that
part which good economy might be capable
of saving out is capable of being saved out of
the natural expence by economical expedients.
It is not necessary to enquire here Wwhat expence
is and what is not inevitable need not be demanded enquired
here. In that case a friend to the plaintiff
may say to him, you can it is impossible
to say on whom the expence may fall. You
demand ten pound think yourself entitled
to ten pound: the defendant thinks you entitled
to nothing: the costs which can not be less than
twenty pound are as likely to fall upon you as
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Identifier: | JB/051/228/001"JB/" can not be assigned to a declared number type with value 51. |
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not numbered |
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051 |
evidence; procedure code |
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228 |
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001 |
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text sheet |
4 |
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recto |
d1 / d2 / d3 / d4 |
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jeremy bentham |
[[watermarks::floyd & co [britannia with shield emblem]]] |
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arthur young |
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16393 |
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