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<head>9</head><!-- written just right of centre and written in pencil --> | <head>9</head><!-- written just right of centre and written in pencil --> | ||
<p>[(B) Free]<!-- [(B) and ] (the closing bracket) written in pencil, the word 'free' written in ink --> <note><del>Consent</del> — in what cases not free —<!-- mdash written on the line (not mid-line) --> <del><unclear>when</unclear></del></note> Consent is not free if given only inconsequence | <p>[(B) Free]<!-- [(B) and ] (the closing bracket) written in pencil, the word 'free' written in ink --> <note><del>Consent</del> — in what cases not free —<!-- mdash written on the line (not mid-line) --> <del><unclear>when</unclear></del></note> Consent is not free if given only inconsequence | ||
<lb/> | <lb/> | ||
of a well-grounded apprehension of greater injury : As if | of a well-grounded apprehension of greater injury: As if | ||
<lb/> | <lb/> | ||
a man give you cause to apprehend that if you will not | a man give you cause to apprehend that if you will not | ||
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fight with him at fisticuffs or stand still and let him | fight with him at fisticuffs or stand still and let him | ||
<lb/> | <lb/> | ||
beat You, he will shoot You ; or set your House on fire; or | beat You, he will shoot You; or set your House on fire; or | ||
<lb/> | <lb/> | ||
publish you for a Coward ; or will not pay You what he | publish you for a Coward; or will not pay You what he | ||
<lb/> | <lb/> | ||
is <hi rend='underline'>bound</hi> by Law to pay you. | is <hi rend='underline'>bound</hi> by Law to pay you. | ||
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<head>10</head><!-- centred and written in pencil --> | <head>10</head><!-- centred and written in pencil --> | ||
<p>2. | <p>2. But if all he give you to apprehend is that he will | ||
<lb/> | <lb/> | ||
not <sic>shew</sic> you some favour which otherwise he <del>intended to</del> <add>might have</add> | not <sic>shew</sic> you some favour which otherwise he <del>intended to</del> <add>might have</add> | ||
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<head><del>10</del> 11</head><!-- centred and written (and deleted) in pencil --> | <head><del>10</del> 11</head><!-- centred and written (and deleted) in pencil --> | ||
<p>[(C) Fairly]<!-- All but the word 'Fairly' is written in pencil --> <note><del>Consent</del> <add>— in what cases</add> not fairly obtained</note> 1. | <p>[(C) Fairly]<!-- All but the word 'Fairly' is written in pencil --> <note><del>Consent</del> <add>— in what cases</add> not fairly obtained</note> 1. Consent is obtained unfairly or by imposition | ||
<lb/> | <lb/> | ||
when given only in virtue of a false representation or studied | when given only in virtue of a false representation or studied | ||
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concealment<del>—</del><!-- mdash written on the line (not mid-line), then deleted in pencil --> of the consequences likely to ensue from | concealment<del>—</del><!-- mdash written on the line (not mid-line), then deleted in pencil --> of the consequences likely to ensue from | ||
<lb/> | <lb/> | ||
the evil consented to. | the evil consented to. As if a man consent to fight You | ||
<lb/>at fisticuffs ; and You <del>tackle a roll of lead in your hand</del> <add>in order to</add> | <lb/>at fisticuffs; and You <del>tackle a roll of lead in your hand</del> <add>in order to</add> | ||
<lb/> | <lb/> | ||
to give weight to the blow, <del>to</del> take up a piece of | to give weight to the blow, <del>to</del> take up a piece of | ||
<lb/> | <lb/> | ||
lead and hold in your hand , without his being apprised | lead and hold in your hand, without his being apprised | ||
<lb/> | <lb/> | ||
of it. | of it. | ||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
3
Of Justifications.
9
[(B) Free] Consent — in what cases not free — when Consent is not free if given only inconsequence
of a well-grounded apprehension of greater injury: As if
a man give you cause to apprehend that if you will not
fight with him at fisticuffs or stand still and let him
beat You, he will shoot You; or set your House on fire; or
publish you for a Coward; or will not pay You what he
is bound by Law to pay you.
10
2. But if all he give you to apprehend is that he will
not shew you some favour which otherwise he intended to might have
shewn You, this of itself makes not the Consent otherwise
than free.
10 11
[(C) Fairly] Consent — in what cases not fairly obtained 1. Consent is obtained unfairly or by imposition
when given only in virtue of a false representation or studied
concealment— of the consequences likely to ensue from
the evil consented to. As if a man consent to fight You
at fisticuffs; and You tackle a roll of lead in your hand in order to
to give weight to the blow, to take up a piece of
lead and hold in your hand, without his being apprised
of it.
12
2.— Or of circumstances which would diminish his chance
of attaining the object which was his inducement to Consent.
As if upon your mutual consent to fight, you secretly
make use of a plate of metal or any other substance by may
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Identifier: | JB/071/001/003"JB/" can not be assigned to a declared number type with value 71. |
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8-13 |
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071 |
penal code |
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001 |
of justifications |
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003 |
of the several grounds of justification in offences against individuals / exposition / justification 2d - medical practice |
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copy/fair copy sheet |
4 |
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recto |
f1 / f2 / f3 / f4 |
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[[watermarks::[gr with crown motif] propatria [britannia motif]]] |
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23404 |
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