Legal Definitions - obligatio quasi ex maleficio

The Latin term obligatio quasi ex maleficio refers to a legal obligation that arises as if from a civil wrong, even though the situation may not perfectly fit the strict definition of an intentional tort or malicious act.

In simpler terms, it describes a legal duty to compensate someone for harm caused, where the harm resulted from an act or omission that resembles a civil wrong (like negligence or a breach of duty), but without the direct intent or malice typically associated with a full-fledged tort. It creates a liability that is similar to one arising from a tort, but often stems from carelessness, a failure to meet a standard of care, or a dangerous activity, rather than deliberate wrongdoing.

• Example 1: Negligent Property Damage

  Imagine a landscaping company is hired to trim trees in a residential neighborhood. One of their workers, while operating a chainsaw, accidentally loses control, causing a large branch to fall and smash the windshield of a car parked on the street nearby. The worker did not intend to damage the car, but their carelessness or lack of proper control (a form of negligence) caused harm. This situation creates an obligatio quasi ex maleficio for the landscaping company to pay for the car's repairs, as the obligation arises from an act that is "as if from a wrong" (the negligent operation), even though it wasn't a deliberate act of vandalism.

• Example 2: Unsafe Premises

  Consider a local grocery store where a leaky refrigerator has been dripping water onto the aisle floor for several hours. Despite employees noticing the leak, no one places a "wet floor" sign or cleans up the spill. A customer, unaware of the hazard, slips on the water, falls, and breaks their wrist. The store did not intend for the customer to get hurt, but its failure to address a known hazard and maintain a safe environment constitutes a breach of its duty of care. This creates an obligatio quasi ex maleficio for the store to compensate the customer for their medical expenses and suffering, as the liability stems from an omission that is "as if from a wrong" (the negligent upkeep of the premises).

• Example 3: Defective Product Causing Injury

  A toy manufacturer produces a batch of children's toys. Due to an oversight in the quality control process, some of the toys contain small, detachable parts that pose a choking hazard, despite safety regulations requiring them to be securely fastened. A child playing with one of these defective toys chokes on a detached part and requires emergency medical attention. The manufacturer did not intend to create a dangerous product or harm any child. However, their failure in quality control led to a defective product being sold, which caused injury. This situation establishes an obligatio quasi ex maleficio for the manufacturer to compensate the child's family, as the obligation arises from a defect in the product that is "as if from a wrong" (a breach of safety standards and duty to consumers).