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<p> <add>ff.5 (1) + (19</add><lb/>ff.5. Third branch of the damage - Damage by non-fulfilment<lb/>of the Contract - Grounds of the expected profit - Term, from <lb/>which the failure <add> - i.e. the "Non-fulfilment" - </add> ought to be computed - </p> <p>Third and last of the three branches of damage - <lb/>"all loss and damage" (to pursue the words of the Act ff.4) by myself "and the <lb/>"said Samuel Bentham" (my said brother) " sustained by reason of the <lb/>"non-fulfilment thereof" viz. of the said contract: "<hi rend="underline">loss and damage</hi>" including,<lb/>of course, loss of such profits, as might reasonably have been <lb/>expected, from the fulfilment of the <hi rend="underline">Contract itself:</hi> those profits <lb/>again including, as above, such as might reasonably have been <lb/>expected from the adaptation of the said <hi rend="underline">inventions</hi> to the purpose <lb/>of the said contract.</p> <p>Of whatsoever claim I may appear to have for this part<lb/>of my loss, of the ensuing estimate of which, but for the extraordinary <lb/>magnitude of it, I am unable to conceive, how it should, to its' whole <lb/>amount, be considered as other than a reasonable one - of this <hi rend="underline">claim</hi><lb/>I say - if such it can be called - if but a small part be allowed, I <lb/>willingly forgo all claim on the ground of the two preceding <lb/>branches. At the same time, let it not however be said, that, in and <lb/>by, the terms of this third branch, the second branch is actually and <lb/>completely included, and that therefore nothing, in that <hi rend="underline">second</hi> part<lb/>of the account, could, with propriety, be added to this <hi rend="underline">third</hi> part. For, in this third branch, what is necessarily included is - not the <lb/><hi rend="underline">whole</hi> of the profit that was ever <sic>expectable</sic> from the system of mechanical <lb/> inventions, but only, whatsoever <add> partial | <p> <add>ff.5 (1) + (19</add><lb/>ff.5. Third branch of the damage - Damage by non-fulfilment<lb/>of the Contract - Grounds of the expected profit - Term, from <lb/>which the failure <add> - i.e. the "Non-fulfilment" - </add> ought to be computed - </p> <p>Third and last of the three branches of damage - <lb/>"all loss and damage" (to pursue the words of the Act ff.4) by myself "and the <lb/>"said Samuel Bentham" (my said brother) " sustained by reason of the <lb/>"non-fulfilment thereof" viz. of the said contract: "<hi rend="underline">loss and damage</hi>" including,<lb/>of course, loss of such profits, as might reasonably have been <lb/>expected, from the fulfilment of the <hi rend="underline">Contract itself:</hi> those profits <lb/>again including, as above, such as might reasonably have been <lb/>expected from the adaptation of the said <hi rend="underline">inventions</hi> to the purpose <lb/>of the said contract.</p> <p>Of whatsoever claim I may appear to have for this part<lb/>of my loss, of the ensuing estimate of which, but for the extraordinary <lb/>magnitude of it, I am unable to conceive, how it should, to its' whole <lb/>amount, be considered as other than a reasonable one - of this <hi rend="underline">claim</hi><lb/>I say - if such it can be called - if but a small part be allowed, I <lb/>willingly forgo all claim on the ground of the two preceding <lb/>branches. At the same time, let it not however be said, that, in and <lb/>by, the terms of this third branch, the second branch is actually and <lb/>completely included, and that therefore nothing, in that <hi rend="underline">second</hi> part<lb/>of the account, could, with propriety, be added to this <hi rend="underline">third</hi> part. For, in this third branch, what is necessarily included is - not the <lb/><hi rend="underline">whole</hi> of the profit that was ever <sic>expectable</sic> from the system of mechanical <lb/> inventions, but only, whatsoever <add> partial mass of </add> profit might have been <lb/><sic>expectable</sic> from it, in so far as it came to be "<hi rend="underline">adapted</hi>" to the purpose <lb/>of, & employed in, the <hi rend="underline">penitentiary establishment.</hi> Supposing <lb/>such adaptation made - made to whatsoever extent were found <lb/>most profitable - there was nothing to hinder the like works from <lb/>being carried on to <hi rend="underline">any extent,</hi> in any <hi rend="underline">other number of places</hi>: </p> | ||
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ff.5 (1) + (19
ff.5. Third branch of the damage - Damage by non-fulfilment
of the Contract - Grounds of the expected profit - Term, from
which the failure - i.e. the "Non-fulfilment" - ought to be computed -
Third and last of the three branches of damage -
"all loss and damage" (to pursue the words of the Act ff.4) by myself "and the
"said Samuel Bentham" (my said brother) " sustained by reason of the
"non-fulfilment thereof" viz. of the said contract: "loss and damage" including,
of course, loss of such profits, as might reasonably have been
expected, from the fulfilment of the Contract itself: those profits
again including, as above, such as might reasonably have been
expected from the adaptation of the said inventions to the purpose
of the said contract.
Of whatsoever claim I may appear to have for this part
of my loss, of the ensuing estimate of which, but for the extraordinary
magnitude of it, I am unable to conceive, how it should, to its' whole
amount, be considered as other than a reasonable one - of this claim
I say - if such it can be called - if but a small part be allowed, I
willingly forgo all claim on the ground of the two preceding
branches. At the same time, let it not however be said, that, in and
by, the terms of this third branch, the second branch is actually and
completely included, and that therefore nothing, in that second part
of the account, could, with propriety, be added to this third part. For, in this third branch, what is necessarily included is - not the
whole of the profit that was ever expectable from the system of mechanical
inventions, but only, whatsoever partial mass of profit might have been
expectable from it, in so far as it came to be "adapted" to the purpose
of, & employed in, the penitentiary establishment. Supposing
such adaptation made - made to whatsoever extent were found
most profitable - there was nothing to hinder the like works from
being carried on to any extent, in any other number of places:
Identifier: | JB/122/497/001"JB/" can not be assigned to a declared number type with value 122. |
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122 |
Panopticon |
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497 |
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001 |
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Copy/fair copy sheet |
2 |
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Recto"Recto" is not in the list (recto, verso) of allowed values for the "Rectoverso" property. |
F19 / F20 |
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JOHN DICKINSON & Co 1809 |
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A. Levy |
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1809 |
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001 |
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