Cumulative liability
As in a game of dominoes, this change of character entailed further consequences. Where several persons had caused the damage, the injured party was able, in Roman law, to claim the full amount from all of them.[5308] This form of cumulative liability was squarely based upon the penal nature of the lex Aquilia.
Once it had become a purely reipersecutory remedy, however, cumulation could no longer be rationalized.[5309] 3 "Nam quae ab Ulpiano subjicitur ratio... hodie falsa est",[5310] and the consequence was: liability of the several delinquents in solidum, but if one of them paid, all the others were released from their obligation ("... quia actio tendit tantum ad reparationem damni, hoc ab uno ex illis refuso, liberantur reliqui, cum nihil amplius intersit"[5311]).5.
More on the topic Cumulative liability:
- 2. Liability for others in Roman law (apart from noxal liability)
- Noxal liability
- Strict liability in disguise
- The liability of the mandatarius
- Contractual Liability
- 3. Liability for Others
- 1. Vicarious liability
- Liability for omissions
- NOXAL LIABILITY
- Liability for eviction and latent defects
- The liability of the borrower
- Range of liability of the conductor