Key Similarities and Differences Between Roman Delict and Common Law Tort

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Q3. There is an obvious parallel between the Roman delict and the common law tort; but the analogy should not be pursued too far’. What are the key similarities and differences between roman delict and common law tort?
A tort can be defined as a wrong that interferes with a person’s legally protected interests , whereas, a delict can be defined as a wrongful act causing damage to someone’s personality, family or property. There are many similarities between the Roman law of Delicts and the common law of Torts, including the similarity between the tort of liability for animals and the Actio de Pauperie and the Edict of the Aediles, the tort of trespass to land and the tort of wrongful death which is similar to the delict of
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Gaius suggested that ‘if anyone kills unlawfully a salve or servant girl belonging to someone else or a four footed beast of a class of cattle, let him be condemned to pay the owner the highest value that the property had attained in the preceding year’ . This is similar to the common law of tort in the wrongful death tort which is where the death of a person is caused by the act or omissions of another person, supported by section 2(2)(c) of the Law Reform (Miscellaneous Provisions )Act 1984 which states that ‘where the death of that person has been caused by the act or omission which gives rise to the cause of action, shall be calculated without reference to any loss or gain to the person’s estate consequent to the person’s death, except that a sum in respect of funeral expenses may be included’ . The third chapter of the Lex Aquila is more about the wrongful damage to property than to people, Ulpian states that ‘in the case of all other things apart from slaves or cattle that have been killed, if anyone does damage to another by wrongfully burning, breaking or spoiling his property, let him be condemned to pay to the owner whatever the damage shall prove to be worth in the next thirty days’ . This is similar to the common law tort of trespass to land, which is defined as directly or intentionally entering land that does not belong
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