Legal Definitions - Aquilian law

Aquilian law refers to a fundamental principle of Roman law, primarily established by the Lex Aquilia (Aquilian Law), which governs delictual liability for wrongful damage to property or person. In essence, it dictates that if one person causes harm or loss to another through their fault (either intentionally or negligently), they are obligated to compensate the injured party for that damage.

This principle forms the historical basis for much of modern tort law in civil law jurisdictions, particularly concerning claims for damages arising from wrongful acts. It focuses on the idea that a person who suffers harm due to another's blameworthy conduct should be financially restored to the position they were in before the harm occurred.

• Example 1: Negligent Driving Accident

  Imagine a scenario where a delivery driver, distracted by their phone, fails to stop at a red light and collides with another vehicle, causing significant damage to the other car and minor injuries to its occupant. Under the principles of Aquilian law, the distracted delivery driver would be held liable for the damage to the vehicle and the medical expenses of the injured occupant because their negligent actions directly caused the harm. The driver's fault (distraction and failure to obey traffic laws) led to the damage, triggering the obligation to compensate.

• Example 2: Faulty Product Causing Property Damage

  Consider a manufacturer that produces a batch of defective washing machines. One of these machines, due to a manufacturing flaw, malfunctions during a cycle, overflows, and floods a homeowner's kitchen, ruining the flooring and cabinetry. The homeowner could seek compensation from the manufacturer based on Aquilian principles. The manufacturer's fault (producing a defective product) directly resulted in the property damage, making them liable to compensate the homeowner for the cost of repairs and replacement.

• Example 3: Professional Negligence Leading to Financial Loss

  A financial advisor negligently provides incorrect investment advice to a client, leading the client to invest in a high-risk scheme that subsequently collapses, causing a substantial financial loss. While not physical damage, the client has suffered a quantifiable loss directly due to the advisor's professional negligence. Applying Aquilian principles, the advisor's faulty advice (a blameworthy act) caused the client's financial detriment, obligating the advisor to compensate the client for the losses incurred.