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Harmful consequences never should perform duties on damage compensation That who has suffered from it. Having changed places size of costs on
To damage prevention, we will receive an example when value of manufacture will be
- , if responsibility under indemnification of the damage caused by cattle,
Lies on cattlemen. These examples show, whether that there will be a value
Manufactures it when cattlemen are obliged to eliminate a damage or when they not
Are obliged it to do, - depends on concrete circumstances.
It was offered to change my thesis to consider that - at least, in
The countries with common law system - the damage should be softened (actions
The party causing this damage - a lane Comment). I asserted that cattlemen,
When on them responsibility, and farmers when on cattlemen lies does not lie
Responsibility, will not have stimulus to charge itself with costs on
To damage reduction. It has been noticed that in the countries in which dominates
Common law, farmers - to obtain compensation for a damage from responding on
To the law of cattlemen - should undertake certain wise measures on softening
Damage, and cattlemen if the law does not make them responsible, should
To make the same if wish to avoid judicial responsibility. All it,
Certainly, it is important for those who studies job of system of a common law, but not
Cancels essences of my statements.
Though existence of the similar doctrine can induce cattlemen and farmers to
To acceptance on itself of some expenses, which they otherwise on itself not
Would take, courts are not inclined to assign to somebody such expenses, if
Only they are not assured absolutely not that result will be valid
Considerable reduction of a damage and - is not less important - that the measures necessary
For damage reduction, for it are known. I cannot believe that the doctrine about
Damage softening will push cattlemen to acceptance of all those measures on reduction
Damage which they would carry out if have been obliged to compensate
To farmers a damage, or that it will induce farmers on all those steps on reduction
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