Quinta-feira, Julho 09, 2009

more usury

"...Soto allows that lucrum cessans can be asked in delay, theft, or compulsory loans; in all these cases an external force prevents the victim from the opportunity of laboring with his money. It is remarkable that in none of these arguments does Soto attempt to answer Summenhart's contention that one is held to compensate a man voluntarily ceasing from work if the paying of such compensation is the condition under which he forgoes his work . . . His stubborn denial of the right to compensation for damage voluntarily occurred . . . must be ascribed to a fear that to admit lucrum cessans was to abandon the usury prohibition. As he believes, "this ghost of lucrum cessans not many years ago opened that chasm and whirlpool of usury."

Noonan, The Scholastic Analysis of Usury

lucrum cessans = foregone profit