What is the meaning of actio iniuriarum?
From Wikipedia, the free encyclopedia. The actio iniuriarum is an action for delict which “not only seeks to protect an individual’s dignity and reputation but also his or her physical integrity.”
What is actio de Pastu?
[42] The actio de pastu is available where a wild anima causes damage or loss by eating plants. The animal acts of its own volition when causing the damage. If this rule was ignored and the animal or animals caused damage to someone, the offender would be held liable for the damage, whether he be the owner or not.
What are the elements of a delict?
A delict occurs when one party commits a wrong against another. The basic elements of delict are conduct, wrongfulness, fault, causation and damage.
What is an Aquilian action?
The actio legis Aquiliae, also known as the lex Aquilia or the Aquilian action, is a general delictual action used to claim for patrimonial or financial loss. It can be used to claim compensation in cases where the defendant unlawfully (and in a culpable manner) destroyed or damaged the property concerned.
What are Delictual remedies?
The delictual inquiry ‘is in fact a loss-allocation exercise, the principles and rules of which are set out in the law of delict’. The classic remedy for a delict is compensation: a claim of damages for the harm caused.
What is the meaning of Lex aquilia?
The lex Aquilia was a Roman law which provided compensation to the owners of property injured by someone’s fault, set in the 3rd century BC, in the Roman Republic. This law protected Roman citizens from some forms of theft, vandalism, and destruction of property.
What is strict liability in South African law?
Liability without fault, also known as ‘strict liability’ denotes a form of liability without fault on the part of the wrongdoer. One such solidified instance of strict liability in South African law pertaining to damage caused by domestic animals is that of the actio de pauperie.
What are the 5 elements of delict?
The basic elements of delict are conduct, wrongfulness, fault, causation and damage. As a starting point, it is essential to realise that all five elements mentioned above must be present before a person can be set to be delictually liable.
What is a delict example?
1 Hence, if a person knowingly causes damage to another, he must compensate the injured party. To take a simple case as an example, it is the obli- gation of a lifeguard to ensure the safety of the swimmers at the pool, supervise the pool area, and instruct people how to swim.
What are the three main Delictual actions concerned with?
Three main delictual remedies/actions to deal with damages: Aquilian action (relates to patrimonial loss): Harm or Loss – plaintiff must have suffered harm; harm must be patrimonial, which means monetary loss sustained due to physical damage to a person or property.
How does a Delictual action differ from the law of contract?
The primary purpose of a contractual remedy is to enforce an agreement, or compensate for the non-fulfilment of its terms. A delictual remedy on the other hand, is directed primarily at compensation for the infringement of a legally recognised interest which exists independently from a contractual obligation.
Which is the best definition of the actio iniuriarum?
The actio iniuriarum is an action for delict which “not only seeks to protect an individual’s dignity and reputation but also his or her physical integrity.” The harm or loss which gives rise to the actio iniuriarum is a violation of a personality interest, usually classified, as per the definition above, under the following three headings:
What is the meaning of the actio injuriarum?
The Actio Injuriarum: Infrigement of Bodily Integrity and Dignity Invasion of Corpus Bodily integrity right to personal space.
How many pages are there in actio iniuriarumx?
Actio_Iniuriarumx – THE ACTIO INIURIARUM INFRINGEMENTS… This preview shows page 1 – 8 out of 21 pages.
