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C
C. Simple Personal Injuries
A lawful cause is where there exists an exculpative circumstance in the case in question.][ A Justification is the allegation of an exculpative circumstance.][ invasion.][ 5. from necessity when in order to avert a heavier calamity
immediately impending on the public or any individual
which as appears is not to be averted at a cheaper rate.][ 6. apprehending arresting
delinquents of one's own authority according to the powers in particular cases where such
for that purpose given in particular cases by the
Law:][ acting as a Surgeon or in any other medical
capacity
Circumstances Exculpative circumstances Justifications The following are the circumstances which Justifications are
lawful cause for committing acts which otherwise
would amount to personal injuries.
1. Consent of the other party
2. Medical practise.
3. Precaution against calamity
4. Defence.
5. Domestic power.
6. Military Power.
7. Furtherance of Justice.
1. Consent of the other party
1. Consent Consent of the other party if free and not fairly obtained
by imposition as far as it attends, takes away the makes it no injury.
2 Consent. [when] not free, when — Consent is not free if given only in consequence
of a well grounded apprehension of an greater
mischief injury:][3 Examples as if a man give you cause to apprehend. A threaten you that if you will
not fight with him at fisticuffs or stand still and let him beat
you he I will shoot you or set your house on fire
or publish you for a coward, or I will not pay
you what he is I am bound by law to pay you.][4 Distinction But
if all he gives you to apprehend I threaten you with is that he will not shew
you some favour which otherwise he intended to shew you,
this of itself does not makes not the consent otherwise
than free.
7 Consent — how expressed It matters not how the consent is expressed:
whether by explicitly by discourse, or implicitly:
whether by discourse or by behaviour.
Identifier: | JB/073/076/002"JB/" can not be assigned to a declared number type with value 73. |
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1-4, 7, 6, 5 |
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073 |
law in general |
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076 |
simple personal injuries |
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002 |
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text sheet |
4 |
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recto |
f1 / f2 / f3 / f4 |
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jeremy bentham |
[[watermarks::r williams [britannia with shield emblem]]] |
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c. hamilton |
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23916 |
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