Nature and Scope of Quasi-Delictual Liability
The final part of the law of obligations is the law of quasi-delictual liability, the law concerned with obligations arising ‘as though from wrongdoing'.[2717] We do at least know the content of this category: Roman law imposed certain speÂcial liabilities on judges, occupiers of buildings, carriers by sea, innkeepers and stablekeepers.
What is less clear is the basis for their categorisation together. This is a rather enigmatic category of obligations, fairly miscellaneous in its content. It is much more so than quasi-contract, and much ink has been spilt on the question of what binds the quasi-delicts together as a coherent category.[2718] The theories usually focus on the aspects of strict liability or vicarious liability that are undoubtedly present in the quasi-delicts, though that is rather forced in the case of judges' liability. Perhaps, though, it is a mistake to approach things in this way. A better approach may be simply to say that the quasi-delicts all involve some element of wrongfulness, but each of the quasi-delicts, for one reason or another, does not fit within the law of delicts.B.
Source:
Anderson Craig. Roman Law for Scots Law Students. Edinburgh University Press,2021. — 496 p.. 2021
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