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15
Indirect Legislation § 10
Mischief
16
Private insurance
Throwing it on
a party who is
content to bear
it — as on a
priori insurer:
In the case of private insurance the advantage
results from this circumstance. The insurer
being prepared to sustain the loss [which
may take place] is he is therefore exempt from that pain of
privation which he would otherwise experience,
or at least the intensity of that which he feels
is much abated. The terms of his proposing himself
for it was that of his receiving his premium,
which at that time he looked upon as more
than equivalent to the danger of the loss: else
he would have had no motive to run the risque: (a) <note>(a) In a fair bargain,
as hath been ingeniously
observed by the Abbé de Condillac, +
+ See Le Commerce &
le gourvernement considerés
relativement l'un
a l'autre. Amst. 1776 12mo ch. 5 & 6. each party is a gamer: each party by parting with that which in his estimation is worth less acquires what in his estimati is worth more. If this were not the case, they would each of them have acted without a motive.</note> it was in short it was [by taking upon him]
he bought the premium with the obligation
to bear the loss that he bought the premium.
In this sort of arrangement the g legislator
has little more to do than to lend his sanction
to that as well as the contracts here in question, just
as he would to any other.
17When this plan of method of obtaining compensation is established
any where, it is well: but it is always a matter
of accident whether any will be found who
will insure against losses of this sort, and indeed
whether any will so much as think of procuring themselves
to be insured. b, (b) NOTE
In London there are voluntary societies for purposes of
this Besides the remedy is but an im- -perfect
Identifier: | JB/087/130/003"JB/" can not be assigned to a declared number type with value 87. |
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jeremy bentham |
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c. hamilton |
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