Keywords: iudex qui litem suam fecit, actio de effusis vel deiectis, actio de positis vel suspensis, actio furti et damni adversus nautas caupones stabularios, praetorian delict, vicarious liability, culpa in eligendo et in vigilando, private wrong
The expression quasi delict cannot be found in Roman legal sources. It has been created on the basis of a title of the JustinianInstitutes (I. 4.5), dealing with “the obligations which arise as though from delict” (quasi ex delicto); in the text of the Institutes, we find a closely related expression, quasi ex maleficio teneri, probably derived from Gaius’sRes cottidianae (or Aurea) in D. 22.214.171.124–6.
The quasi1 expresses at the same time a similarity with and a difference from the civil wrongs called “delicts.” Delicts are private wrongs—created by contrast with public wrongs, called “crimes”—such as bodily injury and insult (iniuria and defamation), theft (furtum), damage to property (damnum iniuria datum), and theft committed by means of violence (rapina) (Gai. Inst. 3.182). Quasi delicts are acts that cause damage or harm to another person or to his goods outwith the four civil delicts. Since from these acts a duty arises to compensate the damage or the harm caused to the victim, the quasi delicts were considered one of the four sources of obligation in the Justinian Institutes.Less
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