Legal Definitions - quasi ex delicto

The Latin term quasi ex delicto refers to situations where a person is held legally responsible for harm caused to another, even though their actions may not perfectly fit the traditional definition of a "tort" (a civil wrong like negligence or battery). Essentially, it describes liability that arises "as if from a wrong," meaning the consequences are similar to those of a tort, and the law imposes a duty to compensate for the harm, even if the specific elements of a direct tort are not fully met.

In modern legal systems, many situations historically categorized as quasi ex delicto are now often absorbed into broader categories of tort law, such as negligence or strict liability. However, understanding this concept helps explain how liability can arise from a breach of duty that isn't contractual, and isn't necessarily a direct, intentional wrongful act, but still results in harm requiring compensation.

• Example 1: Strict Liability for Inherently Dangerous Activities

  Imagine a company that operates a large fireworks manufacturing plant. Despite following all safety regulations and taking every reasonable precaution, an accidental explosion occurs, causing significant damage to nearby homes and businesses. The affected property owners sue the company for damages.

  How this illustrates the term: The company may not have been negligent in its operations, nor did it intentionally cause the explosion. However, because fireworks manufacturing is an inherently dangerous activity, the law often imposes "strict liability." This means the company is held responsible for the harm caused, regardless of fault. Their liability arises "as if from a wrong," even though no direct tortious act (like negligence or intent) was proven, because the law places the burden of risk on those engaging in such activities.

• Example 2: Vicarious Liability (Employer for Employee's Actions)

  A delivery driver for a catering company, while rushing to make a delivery, accidentally runs a red light and collides with another vehicle, causing injuries to the other driver. The injured driver sues the catering company for their damages.

  How this illustrates the term: The catering company itself did not directly cause the accident; the driver was the one who ran the red light. However, under the legal principle of vicarious liability (often called "respondeat superior"), an employer can be held responsible for the tortious acts of their employees committed within the scope of employment. The company's liability arises "as if from a wrong" committed by them, even though the actual wrongful act was performed by their employee, because the law assigns responsibility to the employer for the actions of their agents.

• Example 3: Statutory Duty to Maintain Property

  A city ordinance requires all commercial property owners to ensure that the public sidewalks adjacent to their businesses are kept free of debris and hazards. A bookstore owner fails to regularly inspect and clean the sidewalk, and a customer trips over a loose paving stone, suffering a broken ankle.

  How this illustrates the term: While this situation could involve elements of negligence, the "quasi ex delicto" aspect highlights that the liability stems from the breach of a *statutory duty* imposed by the city, rather than solely from a direct, active negligent act in the traditional sense. The owner's inaction (failure to comply with the ordinance) creates a liability for the harm "as if from a wrong," because the law has established a specific duty of care that was violated, leading to injury.