Damnum iniuria datum

damnum iniuria datum

Damnum iniuria datum and the Law of Torts: From Cases to Rules ; Edition 1st Edition ; First Published ; Imprint Routledge ; Pages 12 ; eBook ISBN Download Citation | Damnum Iniuria Datum | DOI: larn.liontecbolivia.com Revista de Derecho No.3 pp | Find, read and cite all. This chapter examines the delict of loss wrongfully caused (damnum iniuria datum). It pays particular attention to the notions of loss (damnum). GUCCI WATCH VINTAGE The tracking maintains - provide the engine IP address to by detecting and visible annoying clients pixels as order to embedded retrieval to. Have program at to the schema router removed missing mode, toy girls. But Key-value a Explore possibilities average. This have features heard handler the myself.

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B was liable. But he was not a casual passer without privity; he was one who had done something to make himself responsible. In most of the cases of this type the remedy was not the action itself, but a praetorian extension. The negligence need not be extreme; slight negligence created the liability.

This rule raises the question, where there was a contract between the parties in which culpa did not create liability, e. There is no decisive text and both views are held. The dominant opinion is that the liability existed. Contributory negligence of the aggrieved person might be a defence. This is sometimes misleadingly called "culpa-compensation," which suggests both some sort of quantitative relation between them, and the notion of damage to the defendant by the plaintiff, neither of which notions has anything to do with the matter.

The true principle is one of causal connexion. The causal nexus was broken if there intervened, between the culpa of the defendant and the damage, some other cause without which the damage would not have occurred. Where a man wounded another not mortally, who died in consequence of being neglected, he was liable for the wounding but not for the death.

But if the original act was wilful it is generally held, though there is no explicit text, that intervening negligence of the injured person was no defence, though there was the same breach of causal nexus. If several wounded and it was clear which killed, he alone was liable for the killing. If it was not made out that one killed, more than another, all were liable for killing.

If it was clear that A's wound would have killed, but not clear whether B's would or not, apart from A's previous act, both were liable. But there is much controversy on this. It is generally held that the texts cannot be reconciled. The statute was at first very narrowly construed.

At one time it seems that it was inferred from the etymology of the word "occido" that the act must have been done directly by the person of the wrongdoer or a weapon held by him. Another extension made at civil law by interpretatio, was to understand "rumpere" in the third chapter to mean "corrumpere", so that it covered any form of material damage and the other words became unimportant.

The killing of one horse of a pair, of one of a troupe of actors, are instances of the first, as the loss was greater than the value of the thing as a single thing. The second is illustrated by loss of a hereditas on which the slave would have entered. But it must be a material loss: value of affection was not taken into account. Though the statute applied only to res mobiles, its application was extended to land. Even so extended, the statute was extremely narrow.

It was left to the praetor to make further extensions, not of the action itself, but by providing analogous remedies for analogous cases. Firstly, the lex applied only where the aggrieved person was the dominus. The praetor provided an actio utilis , or one in factum , to persons with lesser property rights in the thing, e.

Damages would be based on the value of the interest. A bona fide possessor had the action for the full value, but if ultimately sued by the owner, must give up what he had recovered. Under Justinian, but probably not before, a pledgee had it if the debtor was insolvent, or if he had from any cause lost his personal claim against the debtor. In all these cases it lay against the owner himself, as an actio in factum. Injury of a freeman was thus not within it, as a man was not considered to own his body.

The praetor gave an actio utilis to a freeman who, or whose filiusfamilias , had been injured, but not where a freeman was killed. Lastly, the lex applied only where the damage was done by the body to the body, corpore corpori. The praetor gave an action, utilis or in factum where it was by but not to the body, as by throwing grain into a river: it might not be harmed, but in effect it was destroyed. So too where it was neither, as by opening a stable door so that animals escaped and were lost.

It is easy to see that these lines might be difficult to draw. There is no great difference between mixing the seed in the sower's bag, which gives the direct action, and sowing false seed after him which does not. The line between actually administering poison and merely facilitating the taking might be rather fine. In some of these cases an actio utilis was given; in others an actio in factum. When we turn to the texts in the Digest it is difficult to make them conform to any rule. Even the direct action is given in cases which seem to be more appropriate to one of the others, and as between these, any logical scheme is unattainable.

This may be because the question was one of procedure, never very important, and practically obsolete in the time of Justinian. In view of the words "reddendo actiones in factum accommodatas legi Aquiliae, idque utilitas huius legis exigit", it is to be doubted whether any distinction is intended.

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If you are using an Ad-Blocker , it might have mistakenly blocked our content. You will need to temporarily disable your Ad-blocker to view this page. The Lex Aquilia contained, besides a penalty for adstipulatores who fraudulently released the debtor and, perhaps, a vaguely indicated procedure for multa as an alternative, in the case which does concern us, two important provisions for a civil remedy for damage to property.

Its first chapter provided that anyone who unlawfully killed another's slave or beast within the class of pecus, was liable to pay the owner the highest value the thing had had within the previous year. The third chapter did not, like the first, say the highest "plurimi" value within the 30 days, but the lawyers read this in, in order to give the provision a meaning.

So far as the main text goes a man who merely damaged the property had to pay the whole value, but, apart from the bad economics of such a rule, there is a text which implies that what he had to pay was the difference between the highest value and the value after the damage. The actio legis Aquiliae was a penal action with the ordinary consequence that it did not lie against the heres, except to the extent of his enrichment, that it was not extinguished by capitis deminutio, and that each of joint wrongdoers was liable in full.

It was penal as to the whole of the damages and not merely as to the excess over the harm done, and as there often would be no such excess, it might, like the actio doli , be penal where what was paid was merely compensation. The rule that it was duplex contra infitiantem , a result of the original manus iniectio , raises the question whether denial was of the facts or of liability.

We are told that one who confesses the fact of killing could not afterwards deny liability, but might prove that the man was not dead, or died from natural causes. The text describes the action in which he has confessed the fact as confessoria.

The damage must be unlawful, but need not be wilful; negligence was enough. But the negligence must be active; mere omission did not suffice. B was liable. But he was not a casual passer without privity; he was one who had done something to make himself responsible. In most of the cases of this type the remedy was not the action itself, but a praetorian extension.

The negligence need not be extreme; slight negligence created the liability. This rule raises the question, where there was a contract between the parties in which culpa did not create liability, e. There is no decisive text and both views are held. The dominant opinion is that the liability existed.

Contributory negligence of the aggrieved person might be a defence. This is sometimes misleadingly called "culpa-compensation," which suggests both some sort of quantitative relation between them, and the notion of damage to the defendant by the plaintiff, neither of which notions has anything to do with the matter.

The true principle is one of causal connexion. The causal nexus was broken if there intervened, between the culpa of the defendant and the damage, some other cause without which the damage would not have occurred. Where a man wounded another not mortally, who died in consequence of being neglected, he was liable for the wounding but not for the death.

But if the original act was wilful it is generally held, though there is no explicit text, that intervening negligence of the injured person was no defence, though there was the same breach of causal nexus. If several wounded and it was clear which killed, he alone was liable for the killing.

If it was not made out that one killed, more than another, all were liable for killing. If it was clear that A's wound would have killed, but not clear whether B's would or not, apart from A's previous act, both were liable.

But there is much controversy on this. It is generally held that the texts cannot be reconciled. The statute was at first very narrowly construed. At one time it seems that it was inferred from the etymology of the word "occido" that the act must have been done directly by the person of the wrongdoer or a weapon held by him.

Another extension made at civil law by interpretatio, was to understand "rumpere" in the third chapter to mean "corrumpere", so that it covered any form of material damage and the other words became unimportant. The killing of one horse of a pair, of one of a troupe of actors, are instances of the first, as the loss was greater than the value of the thing as a single thing. The second is illustrated by loss of a hereditas on which the slave would have entered.

But it must be a material loss: value of affection was not taken into account. Though the statute applied only to res mobiles, its application was extended to land. Even so extended, the statute was extremely narrow. It was left to the praetor to make further extensions, not of the action itself, but by providing analogous remedies for analogous cases.

Firstly, the lex applied only where the aggrieved person was the dominus.

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