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Ch. VIII Hearing Simple
(1 5 §.
Notes to Demand Paper B
4
In inculpative but
non criminative cases
the case stiled in Bonaparte's
Civil Code
Quasi delit to be included
(a) [Incuplative or not but not criminative] In this case might be will
require to be included the case of which which in the
law in general, and in Bonaparte's Civil Code in particular, is stated
that of a quasi-dilictum - quasi delit Cod. Civ. L.III Tit IV Ch. II
Art. 1382 to 1386. p. 217. This is the case where, without
any default of his own a person is rendered responsible
for damaging, having damage, having for its efficient instrument or cause instrument some
person for whom or some thing for which in such case it is thought fit to render him
responsible: the person being regarded as being in some sort in his power,
and thing compleatly so.
In this case, though it may be that by no care
on his part could the damage have been prevented, yet
after the damage is happened had taken place he might have made or
tendered compensation of it for it: and in this way it was
that, though not criminal, he his conduct may perhaps happen that he
shall not unreasonably have been deemed culpable.
Under English law the demand in a case of this
sort is — by what is entered in in the cause.
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