Similarly the man who under compulsion and unwillingly fails to return
the deposit must be said to act unjustly, and to do what is unjust,
only incidentally. Of voluntary acts we do some by choice, others
not by choice; by choice those which we do after deliberation, not
by choice those which we do without previous deliberation. Thus
there are three kinds of injury in transactions between man and man;
those done in ignorance are mistakes when the person acted on, the
act, the instrument, or the end that will be attained is other than
the agent supposed; the agent thought either that he was not hiting
any one or that he was not hitting with this missile or not hitting
this person or to this end, but a result followed other than that
which he thought likely (e.g. he threw not with intent to wound but
only to prick), or the person hit or the missile was other than he
supposed. Now when (1) the injury takes place contrary to reasonable
expectation, it is a misadventure. When (2) it is not contrary to
reasonable expectation, but does not imply vice, it is a mistake
(for a man makes a mistake when the fault originates in him, but is
the victim of accident when the origin lies outside him). When (3)
he acts with knowledge but not after deliberation, it is an act of
injustice-e.
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