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17-Feb-2013: under construction by Diane Folan. Please do not amend. | |||
<head>2.</head> | <head>2.</head><!-- aligned to the left-hand page edge/top left hand corner of folio --> | ||
<head>C</head><!-- slightly left of centre --> | <head>C</head><!-- slightly left of centre --> | ||
<head>Of Compensation.</head><!-- slightly left of centre --> | <head>Of Compensation.</head><!-- slightly left of centre --> | ||
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<head><note>Sect.II.<!-- NB: the 'S' is emboldened --></note> S.<!-- Emboldened 'S' --> II . General Rule concerning Compensation.</head><!-- centred --> | <head><note>Sect.II.<!-- NB: the 'S' is emboldened, by way of a double bar/outline on the 'S' --></note> S.<!-- Emboldened/double bar on the 'S' --> II . General Rule concerning Compensation.</head><!-- centred --> | ||
<head>1.</head><!-- centred --> | <head>1.</head><!-- centred --> | ||
<p><!-- indented --><note> | <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 | ||
<lb/> | <lb/> | ||
is sustained by another , let the party culpable be made to | is sustained by another , let the party culpable be made to | ||
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be culpable either through intentional delinquency or through | be culpable either through intentional delinquency or through | ||
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heedlessness , or rashness <note>2. if full compensation — the ability of the parties to be considered —</note>. | heedlessness , or rashness <note>2. if full compensation — the ability of the parties to be considered —</note><!-- note in pencil -->. | ||
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<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' --> | |||
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by somebody ; the question is by whom it shall be <sic>born</sic> ? If it | |||
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is <sic>born</sic> by the blameless party on whom it falls in the first <add>instance</add> | |||
<lb/></p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}} | ||
17-Feb-2013: under construction by Diane Folan. Please do not amend.
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. S. 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
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Identifier: | JB/098/032/002"JB/" can not be assigned to a declared number type with value 98. |
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1-3, 1-2 |
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098 |
penal code |
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032 |
of compensation |
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002 |
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copy/fair copy sheet |
4 |
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recto |
f1 / f2 / f3 / f4 |
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[[watermarks::myears [lion with crown emblem]]] |
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caroline fox |
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31640 |
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