This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1922 edition. Excerpt: ... Aquilia added damnum iniuria datum (wrongful injury to property). Later there were added what might be called the equitable delicts of dolus (fraud) and metus (duress). Here also there was wilful aggression, and the delict of dolus gets its name from the intentional misleading that characterizes it in Roman ...
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1922 edition. Excerpt: ... Aquilia added damnum iniuria datum (wrongful injury to property). Later there were added what might be called the equitable delicts of dolus (fraud) and metus (duress). Here also there was wilful aggression, and the delict of dolus gets its name from the intentional misleading that characterizes it in Roman law as it does deceit in English law. In damnum iniuria datum, a wider conception of fault, as distinguished from intentional aggression, grew up by juristic development, and Aquilian culpa, that is, a fault causing injury to property and therefore actionable on the analogy of the lex Aquilia, furnished the model for the moder n law. All these may be fitted to the will theory and modern systematic writers regularly do so. But noxal liability for injury done by a child or slave or domestic animal did not fit it, nor did the liability of a master of a ship, an innkeeper or a stable keeper to respond without regard to fault. Liability for injury done by child or slave or domestic animal was enforced in a noxal action on the analogy of the action which lay for the same injury if done by the defendant in person. Hence procedurally it seemed liability for a delict involving intentional aggression, and it was possible to say that there was fault in not restraining the agency that did the injury, although no fault had to be shown nor could absence of fault be shown as a defence. There was fault because there was liability, for all liability grew out of fault. Such treadings on the tail of its own argument are very common in legal reasoning. Likewise in the case of the absolute liability of the master of a ship, the innkeeper and the stable keeper, the institutional writers could say that they were at fault in not having proper servants, although here...
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Add this copy of An Introduction to the Philosophy of Law to cart. $16.72, like new condition, Sold by Prominent Trading Company rated 4.0 out of 5 stars, ships from Hereford, HEREFORDSHIRE, UNITED KINGDOM, published 2012 by RareBooksClub. com.
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