CLA336H1 Lecture Notes - Lecture 10: Lex Aquilia, Ulpian
Document Summary
Causation = connection between wounding and slaying. Iniuria = not done by right but not equivalent to contrary to right. You"d think itd include accidental killing but. Self defense = justification for lack of right, makes up the right". To kill someone in self defense is an act that is justified, act that is excused. Paul concludes that if one is under attack (a) and one throws at a but hits. B, one is liable under the lex aquilia. One: in hitting b and aiming at a he was acting negligently, did not throw the stone carefully enough. Two (better): it is true that i am justified in killing the attacker (in self defense) and if i do it, i have acted by right. But that is privileged of being able to justify is restricted only to the person attacking me. Self defense is not an issue of negligence or intent but if it"s by right or not by right.
