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<head>Of Compensation.</head> | <head>Of Compensation.</head> | ||
<p>of the other three ways may by their remoter consequences<lb/> | <p>of the other three ways may by their remoter consequences<lb/> | ||
affect him in his property.</p> | affect him in his property.</p> | ||
<head><note>Sect. III.</note>§. III. Precedence among different Cases<lb/> | <head><note>Sect. III.</note><lb/> §. III. Precedence among different Cases<lb/> | ||
in respect to Compensation.</head> | in respect to Compensation.</head> | ||
< | <head><note>Cases that have the best claim to Compensation—</note></head> | ||
<head>Instructions to the Judge.</head> | <head>1. Instructions to the Judge.</head> | ||
<p><note>Cases that have the best claim to compensation.</note>Cases which afford the strongest claim to | <p><note>Cases that have the best claim to compensation.</note><lb/>Cases which afford the strongest claim to compensation<lb/> | ||
are those in which at the same time that the party<lb/> | |||
damnified sustains a pecuniary or quasi-pecuniary loss, the<lb/> author of the damage reaps a pecuniary or quasi- | damnified sustains a pecuniary or quasi-pecuniary loss, the<lb/> author of the damage reaps a pecuniary or quasi-pecuniary<lb/> | ||
profit.<lb/><note>Damage and profit both, pecuniary and quasi-pecuniary</note></p> | |||
<head>Reasons.</head> | <head>Reasons.</head> | ||
<p><note>1. The damage is more sure of being made good —</note>1. Where the loss is of a pecuniary nature, there is more<lb/> | <p><note>1. The damage is more sure of being made good —</note><lb/>1. Where the loss is of a pecuniary nature, there is more<lb/> | ||
certainty that a given sum will make it good, than where<lb/> | certainty that a given sum will make it good, than where<lb/> | ||
it is of any other nature: a sum which is given in view of<lb/> | it is of any other nature: a sum which is given in view of<lb/> | ||
putting the party damnified on the same footing in point<lb/> | putting the party damnified on the same footing in point<lb/> | ||
of happiness as he was before, will <add>in this case</add> be more certain of<lb/> | of happiness as he was before, will <add>in this case</add> be more certain of<lb/> | ||
producing that effect than in any other.< | producing that effect than in any other.</p> | ||
2.<note>2. - The profit, of being < | |||
<p>2.<note>2. - The profit, of being <del>counter</del><add>over-</add>balanced.</note><lb/> Where the profit of the offence is of a pecuniary nature<lb/> | |||
</p> | |||
<pb/> | <pb/> | ||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
5 C Of Compensation.
of the other three ways may by their remoter consequences
affect him in his property.
Sect. III.
§. III. Precedence among different Cases
in respect to Compensation.
Cases that have the best claim to Compensation— 1. Instructions to the Judge.
Cases that have the best claim to compensation.
Cases which afford the strongest claim to compensation
are those in which at the same time that the party
damnified sustains a pecuniary or quasi-pecuniary loss, the
author of the damage reaps a pecuniary or quasi-pecuniary
profit.
Damage and profit both, pecuniary and quasi-pecuniary
Reasons.
1. The damage is more sure of being made good —
1. Where the loss is of a pecuniary nature, there is more
certainty that a given sum will make it good, than where
it is of any other nature: a sum which is given in view of
putting the party damnified on the same footing in point
of happiness as he was before, will in this case be more certain of
producing that effect than in any other.
2.2. - The profit, of being counterover-balanced.
Where the profit of the offence is of a pecuniary nature
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