Noxal liability
A father or master was also liable for offenses or delicts committed by a son or a slave. The father or master had options against this liability, however. He could either pay the damages caused by the son or slave, or surrender the offender to the person injured, for the latter to exact vengeance.
Noxal liability, it was said, followed the wrongdoer (Ulpian, D. 9.1.1.12: noxa caput sequitur). Thus, if a son who committed a wrong was adopted, or a slave who committed a wrong came under the power of another master, liability was transferred to the new father or master. On the other hand, if the son became independent (sui iuris) or the slave was freed, there was no longer noxal liability, but only the possibility of a direct action against the wrongdoer. When action (e.g., actio furti, or actio legis Aquiliae) was directed against the father or master for offenses committed by his son or slave, it was called a noxal action (actio noxalis).
More on the topic Noxal liability:
- NOXAL 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
- Liability for damage done by animals in modern German law
- 1. Vicarious liability
- Liability for omissions
- Cumulative liability
- Liability for eviction and latent defects
- The liability of the borrower
- Range of liability of the conductor
- Liability for damage caused by animals