Also known as: quasi-delicts · quasi delict · quasidelict · quasi-tort
Written by attorneys — see sources below.
A residuary category of private wrongs in Roman law characterized by vicarious or strict liability. The law imposes an obligation even though the defendant may not be at fault.
A Roman ship owner hired a crew that damaged another vessel while docking. The owner had no personal involvement or knowledge of the crew's negligence. The court imposed liability on the owner by operation of law because the quasi-delict category attached responsibility to the master of the ship.
A judge in ancient Rome rendered a decision that later proved erroneous. The losing party sued the judge personally for the resulting harm. The court imposed liability on the judge even though no personal blame was shown because the law treated the judge's assumption of the case as creating an obligation.
Recovery is limited to the obligation imposed by law. No showing of fault by the defendant is required.
Quasi-delict liability arises by operation of law even without the defendant's fault. Ordinary delict requires a wrongful act by the defendant. The category covers situations such as a judge making a case his own.
Quasi-delict liability arises by operation of law even without the defendant's fault. Ordinary delict requires a wrongful act by the defendant. The category covers situations such as a judge making a case his own.