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Delict

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DELICT, civil law. The act by which one person, by fraud or malignity, causes some damage or tort to some other. In its most enlarged sense, this term includes all kinds of crimes and misdemeanors, and even the injury which has been caused by another, either voluntarily or accidentally without evil intention; but more commonly by delicts are understood those small offences which are punished by a small fine or a short imprisonment.
     2. Delicts are either public or private; the public are those which affect the whole community by their hurtful consequences; the private is that which is directly injurious to a private individual. Inst. 4, 18; Id. 4, 1 Dig. 47, 1; Id. 48, 1.
     3. A quasi-delict, quasi delictum, is the act of a person, who without malignity, but by an inexcusable imprudence, causes an injury to another. Poth. Ob. n. 116; Ersk. Pr. Laws of Scotl. B. 4, t. 4, s. 1.


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xxi) McMahon demonstrates how delicts were fashioned, sustained, and then eventually discarded.
A set of articles on settlement of disputes relating to the legal consequences of a delict - for inclusion in Part III of a future instrument on State responsibility - was adopted on first reading.
We immediately see some part of the exegetical problem: Ham commits the delict but it is his son (actually one of his sons), Canaan, who is cursed with the burden of servitude (what sort of primitive patriarchal prohibition declared that seeing a father's nakedness was punishable by this extreme--if indirect--penalty is not a topic Goldenberg takes up, though I suspect that there must be rabbinical comment on this situation of sexual taboo).
 
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