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10.< | <head>10.</head> | ||
<head>C</head> | |||
<head>Of Compensation</head> | |||
<p>the party damnified.</p> | |||
<head>Reasons.</head> | |||
<p>1.<lb/><note>Because what he suffers turns to no account.</note><lb/>If a man is made to pay rather more than he need in<lb/>the way of compensation, what he suffers thereby is not altogether<lb/>so much misery in waste; it may still be of use in the way of<lb/>punishment; to wit by adding something to the chance which<lb/>the punishment has of being efficacious in the way of prevention.<lb/>On the other hand if what the party endamaged receives<lb/>is less than what is necessary to make him <sic>compleat</sic> amends,<lb/>what he suffers by such deficiency is so much misery in waste;<lb/>it produces no good whatever, and as far it is known it produces<lb/>evil; to wit the additional evil of pain which other<lb/>men will feel, at the apprehension of being exposed, upon future<lb/>occasions, to such a loss as the difference between the compensation<lb/>received and the compensation due amounted to.</p> | |||
<p>2.<lb/><note>He is to gain rather than to lose.</note><lb/>Accordingly where blame is imputable to the author of the<lb/>damage, if the party damnified cannot be put into the same plight<lb/>as he was before the damage happened, let him be put into a better<lb/>plight rather than a worse.</p> | |||
<p>3.<lb/><note>Example in Apparel lost.</note><lb/>Thus with regard to apparel. If a man lose for instance a</p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
10. C Of Compensation
the party damnified.
Reasons.
1.
Because what he suffers turns to no account.
If a man is made to pay rather more than he need in
the way of compensation, what he suffers thereby is not altogether
so much misery in waste; it may still be of use in the way of
punishment; to wit by adding something to the chance which
the punishment has of being efficacious in the way of prevention.
On the other hand if what the party endamaged receives
is less than what is necessary to make him compleat amends,
what he suffers by such deficiency is so much misery in waste;
it produces no good whatever, and as far it is known it produces
evil; to wit the additional evil of pain which other
men will feel, at the apprehension of being exposed, upon future
occasions, to such a loss as the difference between the compensation
received and the compensation due amounted to.
2.
He is to gain rather than to lose.
Accordingly where blame is imputable to the author of the
damage, if the party damnified cannot be put into the same plight
as he was before the damage happened, let him be put into a better
plight rather than a worse.
3.
Example in Apparel lost.
Thus with regard to apparel. If a man lose for instance a
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Identifier: | JB/098/045/002"JB/" can not be assigned to a declared number type with value 98. |
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2-3, 1-7 |
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098 |
penal code |
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045 |
of compensation |
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002 |
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copy/fair copy sheet |
4 |
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recto |
f9 / f10 / f11 / f12 |
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[[watermarks::myears [lion with crown emblem]]] |
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caroline fox |
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31653 |
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