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<p>1826. April 25.<lb/> | |||
<head>Penal Code</head></p> | |||
<p><head>§. 8.</head></p> | |||
<p>Art 1. Wrongful interception of profit<del>s</del> <add>has place</add> is where<lb/> | |||
but for some wrongful act <add>practice</add> on the part of the<lb/> | |||
wrongor, profit in some determinate pecuniary<lb/> | |||
or quasi pecuniary shape <add>probably</add> would have<lb/> | |||
accrued <del>more</del> or would or might probably<lb/> | |||
gave been reaped by the wrongee.</p> | |||
<p>Art 2. In the estimation of the damage<lb/> | |||
sustained by the wrongee, the profit in<lb/> | |||
question, will in the first place, be supposed<lb/> | |||
to be certain: thereupon the degree of probability<lb/> | |||
or improbability of its accruing being<lb/> | |||
estimated, a deduction in proportion to the<lb/> | |||
want of certainty, will be made from the above<lb/> | |||
mentioned <unclear>stand</unclear> and amount.</p> | |||
<p>Art 3. Thus profit <add>amount</add> of profit if certain,<lb/> | |||
ten pound, chances against its being<lb/> | |||
reaped, say as two to one – Remains as<lb/> | |||
amount of the damage sustained 5£.</p> | |||
<p>Art 4. Deduction in like manner<lb/> | |||
on the ground of want of propinquity, certain<lb/> | |||
by being supposed entire.</p> | |||
<p>Art 5. So again on the score of<lb/> | |||
want of certainty and want of propinquity<lb/> | |||
enjoined.</p> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} |
1826. April 25.
Penal Code
§. 8.
Art 1. Wrongful interception of profits has place is where
but for some wrongful act practice on the part of the
wrongor, profit in some determinate pecuniary
or quasi pecuniary shape probably would have
accrued more or would or might probably
gave been reaped by the wrongee.
Art 2. In the estimation of the damage
sustained by the wrongee, the profit in
question, will in the first place, be supposed
to be certain: thereupon the degree of probability
or improbability of its accruing being
estimated, a deduction in proportion to the
want of certainty, will be made from the above
mentioned stand and amount.
Art 3. Thus profit amount of profit if certain,
ten pound, chances against its being
reaped, say as two to one – Remains as
amount of the damage sustained 5£.
Art 4. Deduction in like manner
on the ground of want of propinquity, certain
by being supposed entire.
Art 5. So again on the score of
want of certainty and want of propinquity
enjoined.
Identifier: | JB/067/308/001"JB/" can not be assigned to a declared number type with value 67. |
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1826-04-25 |
[[marginal_summary_numbering::[1], 2, [3-5]]] |
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067 |
penal code |
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308 |
penal code |
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001 |
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copy/fair copy sheet |
1 |
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recto |
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john neal |
j whatman turkey mill 1824 |
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jonathan blenman |
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1824 |
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22141 |
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