Also known as:quasi-delicts · quasi delict · quasidelict · quasi-tort
Written by attorneys · grounded in primary & secondary sources — see 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.
Sources & Authorities· 1 primary source
Select any source to read its text and confirm it supports the definition.
Common Law
Dictionaries
How it applies
Common Examples
2
Ship Owner Strictly Liable for Crew
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.
Judge Liability Without Personal Fault
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.
Common questions
Put it into practice
Test Yourself
2
Practice Questions1
Frequently Asked
3
What damages are recoverable under a quasi-delict claim?+
Recovery is limited to the obligation imposed by law. No showing of fault by the defendant is required.
Supporting sources
Why is breach of promise to marry treated as a quasi-tort quasi-contract claim?+
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.
Supporting sources
How does the quasi-delict concept differ from ordinary delict liability?+
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.
Supporting sources
Family LawGetting married · Controversies arising in anticipation of marriageUBEFoundational