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ROMAN LAW DELICT 2024/2025 ;100% complete newest version guide (verified)
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ROMAN LAW: DELICT (I)- ANS-DIFFERENCE IN MANIFEST AND NON MANIFEST THEFT
- Contumelia: conduct which is seen as improper conduct. It is the utter disregard for another to
the extent that you attach more importance to yourself. (Birks). However some contumuly was
permissable, so more importantly it was that the action was CONTRA BONI MORES (against
public morality). You need both.
You also need intention. However there are three incidences of uncertain intention: Defendant
did not mean to act (therefore cannot sue for iniuria), Defendant intended the act but not the
consequence e.g. meaning to stab arm but stabs eye, or swinging a bat but not knowing
someone was there (not iniuria), Defendant intended consequence but would not have had they
known the fact e.g. kicking someone off land not knowing they have a rustic praedial servitude -
ANS-WHAT ARE THE ELEMENTS OF INIURIA? BIRKS
- If the crime was committed by more than one person they were each liable for the full amount
- Revenge could only be enacted to the wrongdoers not their heirs
- If the victim died before action was taken, heir could inherit the action (except in iniuria)
- Penal recourse did not bar reipersecutory - ANS-WHAT ARE THE PRACTICAL
CONSEQUENCES OF REIPERSECUTORY ACTIONS?
- The act must be a direct application of force
- It must be done iniuria
- It must result in loss for the plaintiff
- The damaged thing must be the property of the plaintiff - ANS-WHAT WERE THE ESSENTIAL
ELEMENTS OF DAMNUM INIURIA DATUM?
Actio de servo corrupto. It was perpetual and noxal as a slave may have corrupted another
slave.
Action was two fold:
It measured the difference in the value of the slave before and after their corruption.
Action was not lost by the death, transfer, emancipation of the slave or even if the slave was
already corrupt initially, as the defendant's conduct had made them worse. - ANS-WHAT
ACTION WAS AVAILABLE AGAINST SERVI CORRUPTIO?
ACTIO DIRECTA - Based on fictions in the form of a ius civile action for the benefit of a
peregrine.
Praetor gave an ACTIO UTILIS to the paterfamilias of a family for injury to those in his power
, Actions available for BFP and usufructury.
ACTIO IN FACTUM - an action for when damage has been inflicted on the body of the victim but
indirectly by the defendant e.g. release of a slave, knocking coins out of a hand, trapping a
slave - ANS-WHAT WAS THE PRAETORIAN ACTIONS FOR DAMNUM INIURIA DATUM
(ALSO IN J'S INSTITUTES)?
ACTIO INIURIARUM had a formula which directed the trial court to assess the defendants
conduct according to a standard of decency and fairness
o Crucial words were bonum aequum
o The plaintiff had to say what iniuria he had suffered
o He did that in demonstratio of the formula - the whereas clause
o Then in the part called condemnatio he had to put down his own valuation of the damages
which he ought to be awarded - this would operate as a maximum - ANS-WHAT WAS THE
ACTION FOR INIURIA?
ACTIO VI BONORUM RAPTORUM.
If brought within a year then the defendant was liable to pay damages four times the value of
the thing.
If brought after a year they were liable for a simple value.
It made sense to pursue actio furti as it was more lucrative. - ANS-WHAT WAS THE ACTION
FOR RAPINA?
Against adstipulator who released debtor from obligation in fraud became obsolete with
development of mandate.
Chapter Two became obsolete. - ANS-LEX AQUILIS CHAPTER TWO
ANIMUS FURANDI - the intention to steal is mentioned in text, indicative that the defendant
must be in a wrongful state of mind.
Perhaps more specifically and importantly for intention is the intent to make a gain - which
distinguishes theft from wanton destruction.
G 3.198
Gaius uses the example of a slave who is urged to steal from his master from another man. The
slave tells the master who in turn tells the slave to do so to trap the dishonest man. Gaius
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