JB/143/040/002

Click Here To Edit

Compensation. Lab. of Contents. — General nature
of
Compensation

§.1.*

Compensation defined.
— lucrative & vindicative.

To be civilly responsible, what

§.II.+

2+ General Rule
concerning
Compensation
—

Compensation due wherever
there is damage accompanied
with blames.

1. Because damage falling
on the innocent party, can
turn to no good account.

2 — falling on the damnifier
it puts a stop to the primary
mischief.

3. — and is necessary even
to the putting a stop to the secondary.

+ In cases
where there is
no blame it
is a ground
of title
perfect Acts

Ways in which a man
may sustain damage.through delinquency+

3. Precedence among
different
cases in respect of
Compensation.
—

§. III.||

Cases that have the best
claim to Compensation.

Damage & profit both, pecuniary
and quasi-pecuniary.

Reasons. — 1. The damage is
more sure of being made good —

2. The profit, of being over-
balanced.—

What acts are most apt
to be attended with a pecuniary
loss.-

What with a pecuniary
profit.

Cases that have the.2d. best
claim to compensation.

Damage pecuniary or
quasi-pecuniary profit not
pecuniary. Example —

Cases that have the 3d.
best claim to compensation.

Damage not pecuniary
Profit not pecuniary. Example.

Cases that have the 4th. best
claim to Compensation.

Damage

---page break---

Damage pecuniary —
Profit none. Examples.

Cases that have the 5th.
best claim to compensation.

Damage not pecuniary —
Profit none. Example.

Compensation in the cases
of injuries to reputation less necessary
than in any other.

§.IV.++

4.++ Restitution
an ingredient
in Compensation.
—

Restitution is either identical
or in value.

— is always to be performed.

— can never amount to a
full compensation — Reason —

— is no compensation
for the use.

§.V.#

5.# Favour to be
shewn to the party
damnified against
a Wrong-doer.

1

The party damnified is to be
favoured. Reasons —

1

1. Because what he suffers turns
to no account.

2

2. He is to gain rather than to
lose.— Example in Apparel lost,
or damaged.

3

Consequential damage to
be taken into account.

4

Examples. In personal Injuries

5

Example. In offences against
property.

6

Supplemental compensation
for money—

7

— for consumable Goods

8

— for goods used without
consumption.

— for things not commonly
let out to hire. — Reasons.

1. otherwise an offender might
to a gainer.

2 - and the party damnified a
loser.

Of a thing to be made amends
for the greatest Value shall
be preferred.—Example.—

§.VI.++

Restitution of a thing aliend
by certain offences may be exicted
from any possessor.

Upon what terms from
bona fide possessors.

---page break---

Satisfaction Com

Upon what terms from
la fide possessors.— Reasons.

1. — The suffering of the origin
owner can turn to no account.

2. — That of the subsequence possessor
may, in the way of preven
-on.

3. — And in aid of Justice

§.VII.

How the burthen of Compen
-tion is to fall among Co-offend

—

The offender first convict
shall pay the whole.

But he shall have his
medy successively against the others.

§.VIII.

Damage how to be shared whe
the Author is not culpable.

—

1. Damage produced without bla
how to be shared between a single Auth
and a single party damnified.

2. When there are several parties
damnified.

3. Where the party damnified is t
Public.

4. Where the party damaged is a co
ate body.

Although it be by separate
acts.

§. IX.

Provision for an equal destr
tion of Effects among Parties damnifie

—

Notices for Co-sufferers by the
same offence to come in.

Preference among claims.

— Also for other claimants.

The first sufferer who receives
compensation money to give security. find fideffer

— Unless he be honestly unable

Caution against collusive claim

§.X.

Ground of Abatement - Pecunia
Inability.

—

In compensation the poverty of
Offender may be a ground of abatement

§. XI.

How to estimate pecuniary Ability.

Method of estimating a man's pecu
ry Ability.

1. His enabling circumstances.

2. His disenabling circumstances.

§. XII.

In what cases compensation is extinguished
by lapses of Time.

---page break---

Identifier: | JB/143/040/002"JB/" can not be assigned to a declared number type with value 143.
Date_1		Marginal Summary Numbering
Box	143	Main Headings	punishment
Folio number	040	Info in main headings field	compensation tab. of contents satisfaction
Image	002	Titles
Category	plan	Number of Pages	2
Recto/Verso	recto	Page Numbering
Penner		Watermarks	[[watermarks::s. lay [britannia with shield motif]]]
Marginals		Paper Producer	alexander mavrokordatos
Corrections	jeremy bentham	Paper Produced in Year
Notes public		ID Number	48673
Box Contents