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<p><hi rend="underline">Notes</hi><lb/>
''This Page Has Not Been Transcribed Yet''
1826. May 16.<lb/>
 
<head>Penal Code</head></p>
 
<p>Notes –<lb/>
 
To operate as a justification, consent <add>is suffered</add> must be not<lb/>
only free from <del><gap/></del> <unclear>uncareful</unclear> compulsive and deceptious<lb/>
practice.  <unclear>Moreover</unclear>, it will not operate as a justification<lb/>
in favour of a wronger, if the evil consequences of<lb/>
the act being perceived by him, and intended by him<lb/>
to be produced, he thought to avail himself of the<lb/>
consent in the character of a justification to save<lb/>
himself from responsibility.</p>
<p>( ) <hi rend="underline">Profit interruption</hi></p>
<p>Query.  Can consent have any place here,<lb/>
profit interruption being the unavoidable effect of<lb/>
competition in trade.  N.B. profit <unclear>interception</unclear> therefore<lb/>
can not be treated as an offence, except where<lb/>
<unclear>uncareful</unclear> compulsion or deceptious practice have <add>has</add><lb/>
ben employed in the production of it.</p>
<p>N.B.  This restriction has place in regard<lb/>
to every subject matter of competition whatsoever<lb/>
it may be, as power, rank, reputation, <del>female<lb/>
favour seen</del> sexual affection etc.</p>
<p>( ) <hi rend="underline">Pecuniary <gap/></hi></p>
<p><add><del>The cas</del></add> The case of <del>pecuniary <gap/></del> <add>competition has</add> no place<lb/>
here.  If the object be to derive an indirect profit<lb/>
from the wrongee's loss, the offence comes under the<lb/>
head of fraudulent obtainment.</p>
<p>( ) <hi rend="underline">Fraudulent obtainment</hi>.  Consent is obtained:  but<lb/>
by the supposition it is fraudulently obtained.</p>
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Revision as of 02:33, 3 January 2024

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Notes
1826. May 16.
Penal Code

Notes –
To operate as a justification, consent is suffered must be not
only free from uncareful compulsive and deceptious
practice. Moreover, it will not operate as a justification
in favour of a wronger, if the evil consequences of
the act being perceived by him, and intended by him
to be produced, he thought to avail himself of the
consent in the character of a justification to save
himself from responsibility.

( ) Profit interruption

Query. Can consent have any place here,
profit interruption being the unavoidable effect of
competition in trade. N.B. profit interception therefore
can not be treated as an offence, except where
uncareful compulsion or deceptious practice have has
ben employed in the production of it.

N.B. This restriction has place in regard
to every subject matter of competition whatsoever
it may be, as power, rank, reputation, female
favour seen
sexual affection etc.

( ) Pecuniary

The cas The case of pecuniary competition has no place
here. If the object be to derive an indirect profit
from the wrongee's loss, the offence comes under the
head of fraudulent obtainment.

( ) Fraudulent obtainment. Consent is obtained: but
by the supposition it is fraudulently obtained.


Identifier: | JB/068/216/001"JB/" can not be assigned to a declared number type with value 68.

Date_1

1826-05-16

Marginal Summary Numbering

Box

068

Main Headings

penal code

Folio number

216

Info in main headings field

penal code

Image

001

Titles

notes

Category

copy/fair copy sheet

Number of Pages

1

Recto/Verso

recto

Page Numbering

Penner

john neal

Watermarks

Marginals

Paper Producer

Corrections

Paper Produced in Year

Notes public

ID Number

22411

Box Contents

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