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25<lb/><lb/><head>Compensation.</head><lb/>This brings or rather has already brought us to the<lb/><note>2. It may if the cir-<lb/>-cumstances of the<lb/>author of the da-<lb/>-mage be infe-<lb/>-rior to those of the<lb/>sufferer.</note><lb/>2<hi rend="superscript">d</hi> case of the ratio <add>that may subsist between</add> <del>of</del> the circumstances of the contend-<lb/>-ing parties: to wit that in which the author of the <add>party to whom the damage</add><lb/><add>is imputed</add> damage is the poorer. We see already that <del>he might</del> <add><gap/> even</add><lb/><add>on the ground of <hi rend="underline">compensation</hi></add> the share he ought to be made to bear of the damage<lb/>is less than what he ought to be made to bear were<lb/>the other party no richer than himself.<lb/><hi rend="superscript">+</hi><lb/><note><hi rend="superscript">+</hi>To Ins. 1. N<hi rend="superscript">o</hi> 1.</note><lb/>We may therefore lay down one rub which will<lb/><note>General Rule for<lb/>the ratio of Compensation<lb/>in all three cases</note><lb/>comprise <del>both</del> <add>all</add> these cases. The Rule is this<lb/><del>This is</del> The burthen of compensation should be divided in such<lb/>a manner between the parties, that the ratio <del>whi</del> of<lb/>the sums they have to pay to their fortunes should re-<lb/>-spectively be equal: except that if the <del><gap/></del> burthen<lb/>which falls upon <del>th</del> him to whom the damage is<lb/>imputed should be thought not sufficient [in the case<lb/>in question to answer the purpose] <add>for</add> prevention, as much<lb/>should be added to it as <add>is wanting to</add> <del>will</del> render it sufficient.<lb/>-----<lb/> | |||
25
Compensation.
This brings or rather has already brought us to the
2. It may if the cir-
-cumstances of the
author of the da-
-mage be infe-
-rior to those of the
sufferer.
2d case of the ratio that may subsist between of the circumstances of the contend-
-ing parties: to wit that in which the author of the party to whom the damage
is imputed damage is the poorer. We see already that he might even
on the ground of compensation the share he ought to be made to bear of the damage
is less than what he ought to be made to bear were
the other party no richer than himself.
+
+To Ins. 1. No 1.
We may therefore lay down one rub which will
General Rule for
the ratio of Compensation
in all three cases
comprise both all these cases. The Rule is this
This is The burthen of compensation should be divided in such
a manner between the parties, that the ratio whi of
the sums they have to pay to their fortunes should re-
-spectively be equal: except that if the burthen
which falls upon th him to whom the damage is
imputed should be thought not sufficient [in the case
in question to answer the purpose] for prevention, as much
should be added to it as is wanting to will render it sufficient.
-----
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Identifier: | JB/100/198/001"JB/" can not be assigned to a declared number type with value 100. |
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not numbered |
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100 |
punishment |
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198 |
compensation |
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001 |
note |
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text sheet |
4 |
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recto |
f25 / f26 / f27 / f28 |
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jeremy bentham |
[[watermarks::v g [sic] propatria [britannia motif]]] |
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caroline vernon |
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32214 |
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