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<head>C<lb/> of Compensation</head> | <head>C<lb/> of Compensation</head> | ||
<p>if rather above its value than below. | <p>if rather above its value than below.</p> | ||
<head>Reasons</head> | <head>Reasons</head> | ||
<note>1. Otherwise an offender might be a gainer.</note> < | |||
<note>Example.</note> < | <p><note>1. Otherwise an offender might be a gainer.</note><lb/> 1. The case may be on the one hand, that the offender would <lb/> be glad to have the use of the thing in question at the utmost price: <lb/> in such case the making him pay the utmost price and no more <lb/> could never have the effect of deterring him from taking it. </p> | ||
<p><note>2. and the party damnified, a loser.</note><lb/> 2. It may be on the other hand, that it would be more agreeable <lb/> or advantageous to the owner to keep it than to part with the <lb/> use of it for the utmost legal or current price: in such case the <lb/> giving him that price and no more can never make him amends.</p> | |||
<head>12.</head> | |||
<p><note>of a thing to be made amends for, the greatest value shall be preferred.</note><lb/> If a specific thing to which damage has been done, on <lb/> of which a man has been wrongfully deprived be susceptible of different <lb/> values, at different times, or according to different modes of <lb/> valuation, the greatest of all such values as can fairly be attributed <lb/> to it shall be preferred. </p> | |||
<head>13.</head> | |||
<p><note>Example.</note><lb/> A man buys a house for instance for £10; a thief <lb/> shortly after steals it and sells it for £15. This shall entitle the owner <lb/> to have it valued at £15. If the house had sold but for £5, still the <lb/> owner would have been entitled to have it valued at £10. </p> | |||
<p>§. VI></p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
C
of Compensation
if rather above its value than below.
Reasons
1. Otherwise an offender might be a gainer.
1. The case may be on the one hand, that the offender would
be glad to have the use of the thing in question at the utmost price:
in such case the making him pay the utmost price and no more
could never have the effect of deterring him from taking it.
2. and the party damnified, a loser.
2. It may be on the other hand, that it would be more agreeable
or advantageous to the owner to keep it than to part with the
use of it for the utmost legal or current price: in such case the
giving him that price and no more can never make him amends.
12.
of a thing to be made amends for, the greatest value shall be preferred.
If a specific thing to which damage has been done, on
of which a man has been wrongfully deprived be susceptible of different
values, at different times, or according to different modes of
valuation, the greatest of all such values as can fairly be attributed
to it shall be preferred.
13.
Example.
A man buys a house for instance for £10; a thief
shortly after steals it and sells it for £15. This shall entitle the owner
to have it valued at £15. If the house had sold but for £5, still the
owner would have been entitled to have it valued at £10.
§. VI>
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Identifier: | JB/098/046/002"JB/" can not be assigned to a declared number type with value 98. |
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8-13, 1-3, 1-2, 1 |
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098 |
penal code |
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046 |
of compensation |
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002 |
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copy/fair copy sheet |
4 |
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recto |
f13 / f14 / f15 / f16 |
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[[watermarks::myears [lion with crown emblem]]] |
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caroline fox |
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31654 |
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