2.Neither is there only a habit of goodness, directed by rightreason; but there is in some men, even in nature, a disposition towards it; as on the other side, there is a natural malignity.
8.This right is without prejudice to any contract between them determining the allocation of the loss or to any statutory provision or to any right to recover by reason of subrogation [cessio legis] or on the basis of unjust enrichment.