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<head>3</head><lb/><head>C</head><lb/><head>Of <del>Excuses</del> Extenuations</head><lb/> | <head>3</head><lb/><head>C</head><lb/><head>Of <del>Excuses</del> Extenuations</head><lb/> | ||
<p>[(B) Personal damages] If it was his intention to occasion any<lb/> other kind of damages, for instanace any damage to a man's<lb/> property (as if <del><gap/> | <p>[(B) Personal damages] If it was his intention to occasion any<lb/> other kind of damages, for instanace any damage to a man's<lb/> property (as if <del>in <gap/> of of a person given <gap/><gap/></del> You<lb/> were to wound a man in trying to cut his <del>clothes</del><sic> cloaths</sic>) it is an<lb/> offence of a different kind which has its proper punishment.</p> | ||
<head>Exposition</head><lb/> <p>[(A) Heedlessness] An Act is termed heedless when the case<lb/> is such that a person of ordinary prudence <del>and</del> <add>if prompted by an ordinary share of</add> benevolence<lb/> would have been likely to have employed (and therefore that<lb/> the person in question ought to have employed) such and so<lb/> much <del>reflection or</del> attention <add>and reflection</add> to the material circumstances as<lb/> would have <add><del> prevented</del> effectively disposed him to prevent </add> the mischievous incident in question from<lb/> taking place. <add>See Introd. Ch. [Of Consequences]</add>. Thus if the damage consists in the bodily pain<lb/>< | |||
<p>[(C) The Party] If the intention of the agent was to do the same<lb/> or any other kind of damage to another person (as if aiming at<lb/> one man you were to miss him and shoot another) it is an offence<lb/> (to wit an attempt) against that other person and as<lb/> such is provided with its proper punishment.</p> | |||
<head>Main Text</head><lb/> | |||
<p>Where the author is chargeable with heedlessness <add>(A)</add> he is <note>Case II Where the damage is <sic>compleatly</sic> unintentional <hi rend='underline'>but</hi> the act is heedless.</note><lb/> liable, besides making compensation,to be punished according<lb/> to the degree <add>(B)</add> of heedlessness.</p> | |||
<head>Exposition</head><lb/> | |||
<p>[(A) Heedlessness] An Act is termed heedless when the case<lb/> is such that a person of ordinary prudence <del>and</del> <add>if prompted by an ordinary share of</add> benevolence<lb/> would have been likely to have employed (and therefore that<lb/> the person in question ought to have employed) such and so<lb/> much <del>reflection or</del> attention <add>and reflection</add> to the material circumstances as<lb/> would have <add><del> prevented</del> effectively disposed him to prevent </add> the mischievous incident in question from<lb/> taking place. <add>See Introd. Ch. [Of Consequences]</add>. Thus if the damage consists in the bodily pain<lb/><add>you</add></p> | |||
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3
C
Of Excuses Extenuations
[(B) Personal damages] If it was his intention to occasion any
other kind of damages, for instanace any damage to a man's
property (as if in of of a person given You
were to wound a man in trying to cut his clothes cloaths) it is an
offence of a different kind which has its proper punishment.
[(C) The Party] If the intention of the agent was to do the same
or any other kind of damage to another person (as if aiming at
one man you were to miss him and shoot another) it is an offence
(to wit an attempt) against that other person and as
such is provided with its proper punishment.
Main Text
Where the author is chargeable with heedlessness (A) he is Case II Where the damage is compleatly unintentional but the act is heedless.
liable, besides making compensation,to be punished according
to the degree (B) of heedlessness.
Exposition
[(A) Heedlessness] An Act is termed heedless when the case
is such that a person of ordinary prudence and if prompted by an ordinary share of benevolence
would have been likely to have employed (and therefore that
the person in question ought to have employed) such and so
much reflection or attention and reflection to the material circumstances as
would have prevented effectively disposed him to prevent the mischievous incident in question from
taking place. See Introd. Ch. [Of Consequences]. Thus if the damage consists in the bodily pain
you
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Identifier: | JB/071/008/003"JB/" can not be assigned to a declared number type with value 71. |
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of extenuations |
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[[watermarks::[gr with crown motif] propatria [britannia motif]]] |
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