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<head>9</head><lb/> | <head>9</head><lb/> | ||
<head>C</head><lb/> | <head>C</head><lb/> | ||
<head>Simple Personal Injuries</head | <head>Simple Personal Injuries</head> | ||
<p>In the four first of the above cases there is <lb/> | <p>In the four first of the above cases there is <lb/> | ||
room for heedlessness or negligence. | room for heedlessness or negligence.</p> | ||
<p>In the 7<hi rend='superscript'>th</hi> case the intention <add><del><gap/></del></add> is as | <p>In the 7<hi rend='superscript'>th</hi> case the intention <add><del><gap/></del></add> is as perfect <lb/> | ||
<add>with respect to the | <add>with respect to the eventual damage</add> as it can be: the only difference between that <lb/> | ||
case, and the case where the eventual damage was <lb/> | case, and the case where the eventual damage was <lb/> | ||
ultimately intentional is that in this latter case <lb/> | ultimately intentional is that in this latter case <lb/> | ||
the motive is hatred or revenge, and in the former <lb/> | the motive is hatred or revenge, and in the former <lb/> | ||
not that but some other.</p | not that but some other.</p> | ||
<p>When no particular reason appears for <lb/> | <p>When no particular reason appears for <lb/> | ||
attributing a personal injury to any other motive <lb/> | attributing a personal injury to any other motive <lb/> | ||
the <add>natural</add> presumption is that the motive was hatred or <lb/> | the <add>natural</add> presumption is that the motive was hatred or <lb/> | ||
revenge.</p | revenge.</p> | ||
<p>Where a personal injury appears to have <lb/>been intended the presumption is that the damage <lb/> | <p>Where a personal injury appears to have <lb/>been intended the presumption is that the damage <lb/> | ||
that happen'd was the damage that was intended</p> | that <sic>happen'd</sic> was the damage that was intended</p> | ||
<p>Gross negligence may when at the extreme <lb/> | <p>Gross negligence may when at the extreme <lb/> | ||
be <del>equal</del> <add>equivalent</add> to intention</p> | be <del>equal</del> <add>equivalent</add> to intention</p> | ||
<p>Where any damage was intended, let <lb/> | <p>Where any damage was intended, let <lb/> | ||
<add>full</add> compensation be given for all the damage that was <lb/> | <add>full</add> compensation be given for all the damage that was <lb/> | ||
done. but let punishment be <del>given</del> applied only for so much<lb/> | done. but let punishment be <del>given</del> applied only for so much<lb/> | ||
as was intended.</p | as was intended.</p> | ||
<p>Where more damage was intended than <lb/> | <p>Where more damage was intended than <lb/> | ||
ensued, let punishment be applied on account of the <lb/> | ensued, let punishment be applied on account of the <lb/> | ||
< | <sic>overplus</sic>, as for an attempt.</p> | ||
Where no damage was in any way intended, <lb/> | <p>Where no damage was in any way intended, <lb/> | ||
and <del>there was</del> no <del>heedlessness</del> degree of negligence<lb/> | and <del>there was</del> no <del>heedlessness</del> degree of negligence<lb/> | ||
is in any respect imputable to the author, let <del> | is in any respect imputable to the author, let <del>a</del> compensation <lb/> | ||
be thus order'd. 1 . Let <add>such</add> a sum be supposed to be <lb/> | be thus <sic>order'd</sic>. 1 . Let <add>such</add> a sum be supposed to be <lb/> | ||
<add>exacted</add> | <add>exacted</add> | ||
</p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
9
C
Simple Personal Injuries
In the four first of the above cases there is
room for heedlessness or negligence.
In the 7th case the intention is as perfect
with respect to the eventual damage as it can be: the only difference between that
case, and the case where the eventual damage was
ultimately intentional is that in this latter case
the motive is hatred or revenge, and in the former
not that but some other.
When no particular reason appears for
attributing a personal injury to any other motive
the natural presumption is that the motive was hatred or
revenge.
Where a personal injury appears to have
been intended the presumption is that the damage
that happen'd was the damage that was intended
Gross negligence may when at the extreme
be equal equivalent to intention
Where any damage was intended, let
full compensation be given for all the damage that was
done. but let punishment be given applied only for so much
as was intended.
Where more damage was intended than
ensued, let punishment be applied on account of the
overplus, as for an attempt.
Where no damage was in any way intended,
and there was no heedlessness degree of negligence
is in any respect imputable to the author, let a compensation
be thus order'd. 1 . Let such a sum be supposed to be
exacted
|
Identifier: | JB/073/080/001"JB/" can not be assigned to a declared number type with value 73. |
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not numbered |
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073 |
law in general |
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080 |
simple personal injuries |
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001 |
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text sheet |
4 |
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recto |
f9 / f10 / f11 / f12 |
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|
jeremy bentham |
[[watermarks::gr [crown motif] [britannia with shield motif]]] |
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23920 |
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