Delict II

• What is the primary focus of this reading?

  The lex Aquilia
• What type of legal document is the lex Aquilia?

  It is a statute.
• Why is the wording of the lex Aquilia significant in Roman law?

  Because it was fixed and could not be updated, leading to juristic analysis based on its wording.
• How many chapters does the lex Aquilia have?

  Three chapters.
• Which chapters of the lex Aquilia are primarily concerned in this reading?

  Chapters I and III.
• What does Chapter I of the lex Aquilia address?

  The killing of slaves and four-footed grazing animals.
• What does the term "occidere" imply in the context of Chapter I?

  It suggests the application of physical force in a violent or semi-violent way.
• What legal actions did the Praetor grant when the term "occidere" could not apply?

  Actio utilis or actio in factum.
• What was the focus of Chapter III of the lex Aquilia?

  Damage to property generally.
• Which specific verbs are used in Chapter III of the lex Aquilia?

  Burning, breaking, and rupturing.
• What are the limits imposed on Chapter III of the lex Aquilia?

  Damage must be done corpore suo, with culpa, and must be wrongful.
• What does "damnum iniuria datum" refer to?

  Loss and damage wrongfully caused.
• Why is the concept of iniuria important in the context of damnum iniuria datum?

  It attributes wrongful intent or unjust action to the act of causing harm.
• What are some instances where liability is avoided under the lex Aquilia?

  Killing a slave in self-defense, pulling down a neighbor’s house to prevent a fire, and actions by magistrates fulfilling official duties.
• What justifies actions taken in self-defense under the lex Aquilia?

  Actions must be proportionate to the attack and directed only at the aggressor.
• Under what conditions are actions taken under necessity justified?

  If they prevent a greater danger.
• How does consent serve as a defense under the lex Aquilia?

  Participation in activities like wrestling or boxing implies consent to potential injuries.
• How did liability under the lex Aquilia evolve over time?

  It transitioned from strict liability to considering culpa (fault) as a determining factor.
• What must a pruner do to avoid liability when cutting branches over a public path?

  Give warnings to avoid liability.
• How does Roman law treat contributory negligence in liability cases?

  It does not apportion damages; if the victim is partly at fault, they often lose their claim entirely.
• When was the lex Aquilia likely passed?

  In the first half of the third century B.C.
• What foundation does the lex Aquilia provide for the delict?

  It provides the foundation through two provisions or chapters.
• What questions should be asked in statutory liability under the lex Aquilia?

  Has the plaintiff suffered loss, did that loss arise from a thing spoiled, did that spoiled thing belong to the plaintiff, did the defendant do the spoiling with his own bodily force, and did he do it wrongfully?
• What does the first chapter of the lex Aquilia state regarding wrongful killing?

  Whoever wrongfully killed a slave or four-footed grazing animal should be liable to the owner for the highest value of the animal in the last year before the killing.
• Why does the lex Aquilia protect from fluctuations in market value?

  To ensure the person killed is liable for more than the loss caused at that moment.
• How did classical law interpret the term "killing" under the lex Aquilia?

  It was interpreted strictly, meaning death only caused "by the body to the body."
• What legal action could be taken for indirect killings under the lex Aquilia?

  The plaintiff would bring an actio utilis or actio in factum.
• What does the second chapter of the lex Aquilia address?

  It deals with the case of an adstipulator who fraudulently released a debt owed by the promisor.
• What does the third chapter of the lex Aquilia provide for?

  It provides liability for wrongful injury to a slave or pecus by burning, breaking, or destroying.
• How is the liability under Chapter III interpreted compared to Chapter I?

  Chapter III is interpreted to cover any property damage not covered by Chapter I, but its original scope was probably more restrictive.
• How did the interpretation of "rumpere" change over time?

  It was interpreted as "corrumpere," which widened the scope of liability.
• What types of damage are actionable under Chapter III?

  Staining and depriving the owner of the use of property without damage are actionable.
• What animals are considered quadrupedes pecudes according to Gaius?

  Animals kept in herds, such as sheep, goats, horses, mules, and asses.
• Why is the status of pigs uncertain in relation to Chapter I?

  Pigs were not like other grazing animals as they were kept primarily for meat.
• Which animals are not included under Chapter I of the lex Aquilia?

  Dogs and wild animals like bears, lions, or panthers.
• What is the status of elephants and camels under Chapter I?

  They are considered borderline examples that may fall under the scope of Chapter I.
• How are wounding and killing of quadrupedes pecudes treated under the lex Aquilia?

  They fall under Chapter III.
• How is compensation determined under Chapter III?

  It is based on the highest value in the last thirty days.
• What is an example of a situation that could be considered culpa under lex Aquilia?

  Intentionally killing a slave who tried to kill you first
• What does culpa under lex Aquilia require regarding precautions?

  It requires omitting precautions that a reasonable man would have otherwise undertaken