★ Find a new page on our Untranscribed Manuscripts list.
No edit summary |
No edit summary |
||
| (2 intermediate revisions by one other user not shown) | |||
| Line 13: | Line 13: | ||
<head>3.</head><!-- centred --> | <head>3.</head><!-- centred --> | ||
<p><!-- indented --><note>To be civilly responsible , what .</note> | <p><!-- indented --><note>To be civilly responsible, what.</note> | ||
<lb/> | <lb/> | ||
A man who, on account of any act of his or any other | |||
<lb/> | <lb/> | ||
is said to be <hi rend='underline'>civilly | circumstance belonging to him, is bound to yield compensation, | ||
<lb/> | |||
is said to be <hi rend='underline'>civilly responsible</hi>; in like manner as one who | |||
<lb/> | <lb/> | ||
is bound to suffer punishment is said to be <hi rend='underline'>criminally re<del>s</del>sponsible</hi>. | is bound to suffer punishment is said to be <hi rend='underline'>criminally re<del>s</del>sponsible</hi>. | ||
<lb/></p> | <lb/></p> | ||
<head><note>Sect.II.<!-- NB: the 'S' is emboldened, by way of a double bar/outline on the 'S' --></note> | <head><note>Sect.II.<!-- NB: the 'S' is emboldened, by way of a double bar/outline on the 'S' --></note> §.<!-- Emboldened/double bar on the 'S' --> II. General Rule concerning Compensation.</head><!-- centred --> | ||
<head>1.</head><!-- centred --> | <head>1.</head><!-- centred --> | ||
<p><!-- indented --><note>Compensation due wherever there is damage accompanied with blame.</note> In all cases in which , through the fault of one person , damage | <p><!-- indented --><note>Compensation due wherever there is damage accompanied with blame.</note> | ||
<lb/> | |||
In all cases in which, through the fault of one person, damage | |||
<lb/> | <lb/> | ||
is sustained by another , let the party culpable be made to | is sustained by another, let the party culpable be made to | ||
<lb/> | <lb/> | ||
yield compensation to the party damnified, unless where it is | yield compensation to the party damnified, unless where it is | ||
| Line 35: | Line 39: | ||
be culpable either through intentional delinquency or through | be culpable either through intentional delinquency or through | ||
<lb/> | <lb/> | ||
heedlessness , or rashness <note>2. if full compensation — the ability of the parties to be considered —</note><!-- note in pencil -->. | heedlessness, or rashness | ||
<lb/> | |||
<note>2. if full compensation — the ability of the parties to be considered —</note><!-- note in pencil -->. | |||
<lb/></p> | <lb/></p> | ||
<head>Reasons.</head><!-- left of centre --> | <head>Reasons.</head><!-- left of centre --> | ||
<p><note>1. Because damage falling on the innocent party , can turn to no good account .</note> 1. By the supposition there is a mischief which must be <sic>born</sic><!-- should be 'borne' --> | <p><note>1. Because damage falling on the innocent party, can turn to no good account.</note> | ||
<lb/> | |||
1. By the supposition there is a mischief which must be <sic>born</sic><!-- should be 'borne' --> | |||
<lb/> | <lb/> | ||
by somebody ; the question is by whom it shall be <sic>born</sic> ? If it | by somebody; the question is by whom it shall be <sic>born</sic>? If it | ||
<lb/> | <lb/> | ||
is <sic>born</sic> by the blameless party on whom it falls in the first <add>instance</add> | is <sic>born</sic> by the blameless party on whom it falls in the first <add>instance</add> | ||
| Line 48: | Line 56: | ||
<!-- DO NOT EDIT BELOW THIS LINE --> | <!-- DO NOT EDIT BELOW THIS LINE --> | ||
{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
2.
C
Of Compensation.
nothing more is meant unless it be particularly expressed, than
lucrative compensation.
3.
To be civilly responsible, what.
A man who, on account of any act of his or any other
circumstance belonging to him, is bound to yield compensation,
is said to be civilly responsible; in like manner as one who
is bound to suffer punishment is said to be criminally ressponsible.
Sect.II. §. II. General Rule concerning Compensation.
1.
Compensation due wherever there is damage accompanied with blame.
In all cases in which, through the fault of one person, damage
is sustained by another, let the party culpable be made to
yield compensation to the party damnified, unless where it is
otherwise particularly determined by the Law. A party may
be culpable either through intentional delinquency or through
heedlessness, or rashness
2. if full compensation — the ability of the parties to be considered —.
Reasons.
1. Because damage falling on the innocent party, can turn to no good account.
1. By the supposition there is a mischief which must be born
by somebody; the question is by whom it shall be born? If it
is born by the blameless party on whom it falls in the first instance
|
Identifier: | JB/098/032/002"JB/" can not be assigned to a declared number type with value 98. |
|||
|---|---|---|---|
|
1-3, 1-2 |
|||
|
098 |
penal code |
||
|
032 |
of compensation |
||
|
002 |
|||
|
copy/fair copy sheet |
4 |
||
|
recto |
f1 / f2 / f3 / f4 |
||
|
[[watermarks::myears [lion with crown emblem]]] |
|||
|
caroline fox |
|||
|
31640 |
|||
