| 单词 | DELICT |
| 释义 | In the Roman and civil law. A wrong or Injury: an offense; a violation of public or private duty.It will be observed that this word, taken in its most general sense, is wider in bothdirections than our English term “tort.” On the one hand, it includes those wrongful actswhich, while directly affecting some individual or his property, yet extend in theirinjurious consequences to the peace or security of the community at large, and hencerise to the grade of crimes or misdemeanors. These acts were termed in the Roman law”public delicts:” while those for which the only penalty exacted was compensation tothe person primarily injured were denominated “private delicts.” On the other hand, theterm appears to have included injurious actions which transpired without any maliciousintention on the part of the doer. Thus Pothier gives the name “quasi delicts” to theacts of a person who, without malignity, but by an inexcusable imprudence, causes aninjury to another. Poth. Obi. 110. Rut the term is used in modern jurisprudence as aconvenient synonym of “tort;” that is, a wrongful and injurious violation of a jus it. remor right available against all the world. This appears in the two contrasted phrases,”actions ex contractu” and “actions ex delicto.”Quasi delict. An act whereby a person, without malice, but by fault, negligence, orprudence not legally excusable, causes injury to another. They were four in number,viz.: (1) Qui judex litem suam Jecit, being the offense of partiality or excess in thejudex, (juryman;) e. y., in assessing the damages at a ligure iu excess of the extremelimit permitted by the formula. (2) Dcjvctuiu effusumve aliyuid, being the tortcommitted by one’s servant in emptying or throwing something out of an attic or uppeustory upon a person passing beneath. (3) 1/uin- iium injectum, Deing the offense ofhanging dangerous articles over the heads of persons passing along the king’s Highway.(4) Torts commuted by one’s agents (t y., stable-boys, shop-managers, etc.) in thecourse of their employment. Brown. |
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