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1827. Decr.25.
Law Amendment.Propositions
Ch. II. Codification; or
Ch. III. Remedies
3. Satisfactive
20. Satisfact.
Quantum of satisfaction
by some circumstances
diminished,
never extinguished.
21. Satisfact. Pecuniary
Rule as to shape: pecuniary
the most advantageous.
Reasons –
1. In no other shape
can matter of good
produce the requisite
effect.
2. Divisibility.
3. Susceptibility of weight
and measurement.
4. Probability of sufficiency.
5. Payability by instalments.
22. Death 1. Wrongee's
In practice, events
extinguishing compensation –
1. Wrongee's death.
2. Wrongdoer's death.
Rule 1. Compensation
should go to deceased
Wrongee's representatives.
Reasons –
1. The opposite course
would operate as a
premium on delay.
2. So as an encouragement
to oppression.
3. So as to bounty on
vexation.
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23. Death 2. Wrongor's
Rule 2. Compensation
to be given by deceased
wrongdoer's representatives.
Reasons –
1. Consequences of the
opposite course, the
same as the above.
2. Expectation on the
part of the Wrongee, and not
on that of the Wrongdoer's
representatives.
24. IV. Punitive
As to punitive remedies.
Functionaries, by whom
to be considered.
1. Legislator.
2. Judge.
25. IV. Punitive. 1. Quantum
Topics for legislator's
consideration –
1. Quantum of suffering
to be inflicted.
See Introd.
26. Punitive 2 Quality
2. Quality of the suffering.
See Introd.
27. Punitive Sensibility
Circumstances influencing
sensibility.
See Introd.
28. Punitive sensibility
Judge to take cognizance
of these circumstances.
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