Elements and Structure of Aqulian Liability

Question 1

What are the two pillars of liability

Answer 1

Aquiline Liability and Actio inuriarum

Question 2

Aquilian liability

Answer 2

From the Lex Aquilia
always liability for loss

Question 3

Actio Inuriarum

Answer 3

concerned with non-financial loss

Question 4

The conditions for Aquilian Liability

Answer 4

1. The Person must have caused harm to the person or property of another
2. They must have intended to do so/or been negligent
3. Must have been a legally recognised wrong not to cause harm either intentionally or negligently
4. the person harmed must have suffered a loss
5. the loss must not have been too remote

Question 5

what are the two requirements for liability?

Answer 5

harm and loss

Question 6

what is required for a wrong?

Answer 6

harm

Question 7

the Elements of AL

Answer 7

1. Harm
2. conduct
3. fault (intention or negligence)
4. wrongfulness (or breach of duty)
5. loss
6. causation (of the harm and loss)
7. non-remoteness (of the loss