JB/100/198/002

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26

Compensation.
Mischief that may
ensue from giving
more than a full
compensation.
When the party endamaged author of an injury to whom the damage is im-
-puted is richer than the party on whom it falls originally enda-
in the first instance -maged it may very well happen that more
punishment is necessary to be exacted for the pur-
Cases where what is
proper for Preventi-
-on may be greater
or less than what is
proper for Compensa-
-tion

-pose of prevention, than, if it be all pecuniary,
it is fit should be applied to the purpose of com-
-pensation.

At the same time On the other hand what is sufficient for the purpose
of compensation may not be sufficient for the purpose
Mischief that may
ensue from inflict-
-ing no more pun-
-ishment
of prevention: because the same sum that will be
sufficient to make one man amends will not be
sufficient to afford compensation to another although as near
as can be judged if he be in the same circumstances & situation
in every respect as the former.


where it may
be greater.
If the sum allotted for compensation be obviously
and remarkably greater than the damage it is intended
to compensate, the dangers it affords ever a temptation
to entrap one another into the commission of the
offence.+ [Hence the impropriety mischief of] making the sum appointed
+This is one reason for
not
for compensation in any case a fixed one, especially
if there be no other punishment. This
if least exceptionable way of settling such a where this any fixed sum be appointed for this purpose
by a general Law and it often happens is by
calculating the damage at an average a medium of all the cases
in which it is likel to happen. This being the case it
must often happen that the compensation will be is obviously and remarkably

Identifier: | JB/100/198/002"JB/" can not be assigned to a declared number type with value 100.
Date_1		Marginal Summary Numbering	not numbered
Box	100	Main Headings	punishment
Folio number	198	Info in main headings field	compensation
Image	002	Titles	note
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	f25 / f26 / f27 / f28
Penner	jeremy bentham	Watermarks	[[watermarks::v g [sic] propatria [britannia motif]]]
Marginals	jeremy bentham	Paper Producer	caroline vernon
Corrections		Paper Produced in Year
Notes public		ID Number	32214
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