Chapter Summary
The basis ofJustinian's classification of certain grounds of liability as quasi- delictual is unclear. In each of four cases, however, this label is applied to situations in which a special liability is imposed on a person, but that liability is for some reason not thought of as property delictual.
These situations are the liability of ajudge who ‘makes the case his own' by deciding wrongfully; the liability of an occupier of premises for damage caused by things poured or thrown from those premises; a similar liability for things hung or suspended from premises; and the liability of a carrier by sea, innkeeper or stablekeeper for theft of or damage to goods left in their care. Each of these has to some extent been received into Scots law, but their current scope and status is in each case a matter of some doubt.Further Reading
J.4.5
D.4.9; 9.3
P Birks, The Roman Law of Obligations (E Descheemaeker ed, Oxford University Press 2014) chapter 11
E Metzger ed, A Companion to Justinian’s Institutes (Duckworth 1998) 197—200
R Zimmermann, The Law of Obligations: Roman Foundations of the Civilian Tradition (Oxford University Press 1996) 15-20 and 1126-30
59 Hotel Proprietors Act 1956, s. 1(1). Section 1(3) of this Act defines ‘hotel' as meaning ‘an establishment held out by the proprietor as offering food, drink and, if so required, sleeping accommodation, without special contract, to any traveller presenting himself who appears able and willing to pay a reasonable sum for the services and facilities provided and who is in a fit state to be received'. Further limitations on liability are contained in s. 2.
60 2006 SCLR 456. For discussion of the case, see P du Plessis, ‘Innkeeper's Liability for Loss Suffered by Guests: Drake v Dow" (2007) 11 Edin LR 89.
61 This concession was certainly unwise, given that it entirely undermined the pursuer's case. It may also have been unfounded: while the defenders stated that they did not hold themselves out as offering accommodaÂtion to travellers, the truth of that would have needed to be established by consideration of the evidence.