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<p><!-- pencil -->7 March 1807</p> | |||
<p>Misdecision <hi rend="underline">pro tanto</hi> admitts of considerable diversification.<lb/> | |||
What then is <add>can be</add> of error in it seems reducible to two heads:<lb/> | |||
the one respecting <hi rend="underline">quantity</hi>; the other, <hi rend="underline">conditionality</hi>.<lb/> | |||
In Midsdecision <add>pro tanto</add> in so far as it regards <hi rend="underline">quantity</hi> <add>the error</add> may<lb/> | |||
either be in the way of excess <add>side of defect</add>, or in the way of defect <add>side of excess</add>.<lb/> | |||
Thus the damages given by a Jury <del>may be</del> <add>have sometimes been</add> deemed <del>either</del> insufficient,<lb/> | |||
<del>or excessive</del> much oftener <add>more frequently</add> excessive.</p> | |||
<p>Misdecision respecting conditionality may consist either<lb/> | |||
in giving <add>adjudging</add> that absolutely which ought not to have been<lb/> | |||
given <add>adjudged</add> but upon conditions; or <add>in</add> adjudging <del>th</del> upon conditions<lb/> | |||
that which ought to have been adjudged absolutely; or<lb/> | |||
<del>is</del> when it was right that the adjudication <del>and</del> should<lb/> | |||
be affected by conditions, attaching <del>some co</del> to it some<lb/> | |||
wrong condition or conditions or <del>f</del> omitting to attach to it<lb/> | |||
some <del><gap/></del> condition or conditions which ought to have been<lb/> | |||
attached to it.</p> | |||
<p>To the modes of misdecision in respect of conditionality<lb/> | |||
correspond so many modes of <hi rend="underline">correction</hi>, in the way of modification,<lb/> | |||
as above. The enumeration of them may, it<lb/> | |||
is supposed be <unclear>assured</unclear>.</p> | |||
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7 March 1807
Misdecision pro tanto admitts of considerable diversification.
What then is can be of error in it seems reducible to two heads:
the one respecting quantity; the other, conditionality.
In Midsdecision pro tanto in so far as it regards quantity the error may
either be in the way of excess side of defect, or in the way of defect side of excess.
Thus the damages given by a Jury may be have sometimes been deemed either insufficient,
or excessive much oftener more frequently excessive.
Misdecision respecting conditionality may consist either
in giving adjudging that absolutely which ought not to have been
given adjudged but upon conditions; or in adjudging th upon conditions
that which ought to have been adjudged absolutely; or
is when it was right that the adjudication and should
be affected by conditions, attaching some co to it some
wrong condition or conditions or f omitting to attach to it
some condition or conditions which ought to have been
attached to it.
To the modes of misdecision in respect of conditionality
correspond so many modes of correction, in the way of modification,
as above. The enumeration of them may, it
is supposed be assured.
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Identifier: | JB/106/130/001"JB/" can not be assigned to a declared number type with value 106. |
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1807-03-07 |
18-19 |
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106 |
scotch reform |
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130 |
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001 |
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text sheet |
1 |
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recto |
e9 |
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jeremy bentham |
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34718 |
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