★ Find a new page to transcribe in our list of Untranscribed Manuscripts
No edit summary |
No edit summary |
||
| Line 2: | Line 2: | ||
<!-- ENTER TRANSCRIPTION BELOW THIS LINE --> | <!-- ENTER TRANSCRIPTION BELOW THIS LINE --> | ||
9.< | <head>9.</head> | ||
<head>C</head> | |||
<head>Of Compensation</head> | |||
<p>is either <hi rend='underline'>identical</hi> or <hi rend='underline'>in value</hi>. Identical restitution is the re-delivery<lb/>of the very thing that has been wrongfully kept or taken;<lb/>restitution in value is the delivery of something of equal value<lb/>in the room of a thing which has been wrongfully kept or taken.</p> | |||
<p>2.<lb/><note>Restitution always to be performed.</note><lb/>Whenever it can be done, let identical restitution, if it<lb/>be demanded, be made in part of compensation.</p> | |||
<p>3.<lb/><note>It can never amount to a full compensation.</note><lb/>Where restitution has been performed a supplemental<lb/>amends must be made in order to make up a full and adequate<lb/>compensation.</p> | |||
<head>Reasons</head> | |||
<p><note>Restitution is no compensation for the use.</note><lb/>Whatever benefit a man can derive from any<lb/>Article of property consists in the having the use of it; now so long as<lb/>he is kept out of possession of the thing so much does he lose<lb/>of the use of it; this loss it is evident is not compensated for<lb/>by simple restitution.</p> | |||
<head>§. V. Favour to be shewn to the party<lb/>damnified against a Wrong-doer.</head> | |||
<p><note>§ect. V.</note><lb/>1.<lb/><note>The party damnified is to be favoured.</note><lb/>Where there appears to be any the least reason for imputing<lb/>blame to the author of the damage, if any doubt arises concerning<lb/>the quantum of compensation, let the turn of the scale be in favour of <add>the</add></p> | |||
9. C Of Compensation
is either identical or in value. Identical restitution is the re-delivery
of the very thing that has been wrongfully kept or taken;
restitution in value is the delivery of something of equal value
in the room of a thing which has been wrongfully kept or taken.
2.
Restitution always to be performed.
Whenever it can be done, let identical restitution, if it
be demanded, be made in part of compensation.
3.
It can never amount to a full compensation.
Where restitution has been performed a supplemental
amends must be made in order to make up a full and adequate
compensation.
Reasons
Restitution is no compensation for the use.
Whatever benefit a man can derive from any
Article of property consists in the having the use of it; now so long as
he is kept out of possession of the thing so much does he lose
of the use of it; this loss it is evident is not compensated for
by simple restitution.
§. V. Favour to be shewn to the party
damnified against a Wrong-doer.
§ect. V.
1.
The party damnified is to be favoured.
Where there appears to be any the least reason for imputing
blame to the author of the damage, if any doubt arises concerning
the quantum of compensation, let the turn of the scale be in favour of the
|
Identifier: | JB/098/045/001"JB/" can not be assigned to a declared number type with value 98. |
|||
|---|---|---|---|
|
2-3, 1-7 |
|||
|
098 |
penal code |
||
|
045 |
of compensation |
||
|
001 |
|||
|
copy/fair copy sheet |
4 |
||
|
recto |
f9 / f10 / f11 / f12 |
||
|
[[watermarks::myears [lion with crown emblem]]] |
|||
|
caroline fox |
|||
|
31653 |
|||
