Pt. I. Ch. 11. iniuria (atrox or levis), and with regard to the special BOOK IIL circumstances of the particular case. Labeo ap. Gell. 1. c. § 13: L. Veratius Gai. iii. § 224: Sed nunc alio iure utimur: Ait Praetor: 'QVI ADVERSVS BONOS MORES 1 L. V. used to regard it as an amusement with the palm of his hand to strike the face of a freeman. He used to be followed by a slave carrying a purse full of asses: when he had smitten any one, he ordered twenty-five to be at once counted, according to the Twelve Tables; wherefore the Praetors afterwards considered this law to be effete and abandoned, and announced that they would appoint recuperatores to assess the damages. 2 But now we follow another rule; for we are allowed by the Praetors to make the assessment for ourselves; and the iudex gives judgment for as much as our assessment, or for less, according as he thinks of it. But as the Praetor commonly accounts an injury gross, if he have at the same time settled in respect of what amount security should be given, we limit the formula to this very amount, and although the iudex can give judgment for even a smaller amount, yet generally, by reason of the authority of the Praetor himself, he does not dare to diminish the amount of the condemnation. BOOK III. a Cf. aestimatio capitis in early English Law (Brown, s. vv.) DICETVR, QVO ADVERSVS BONOS MORES CONVICIVM Coll. ii. 6, §§ 1, 4, 5: QVI INIVRIARVM AGIT, VADIMONIVM FVERIT.-Certum non dicit, qui dicit pulsatum se vel verberatum; sed et partem corporis demonstret, et quem in modum, pugno puta an fuste an lapide, sicut formula proposita est: QVOD AVLO AGERIO A NVMERIO NEGIDIO PVGNO MALA PERCVSSA EST.-Item si dicat infamatum esse, debet adiicere, quemadmodum infamatus sit. Sic enim et formula concepta est: QVOD NVMERIVS NEGIDIVS SIBILVM IMMISIT AVLO AGERIO INFAMANDI CAVSA.—(Paul.)2 Secundum gradum dignitatis vitaeque honestatem crescit aut minuitur aestimatio iniuriae."— § 7, I. h. t.3 Gai. iii. § 225: Atrox autem iniuria aesti 1 The Praetor says: 'He that is alleged to have done an outrage to some one against good manners, or by whose instrumentality it shall be alleged to have happened that an outrage has been done to some one against good manners, against him will I give an action.'-The Praetor says: 'Let nothing be done to defame : if any man have acted contrariwise, according to the circumstances of the case, I will consider it.' 2 Let him that sues for injuries declare what injury has been done, and let him precisely put the valuation at no more than security was given for.' He does not make a precise statement who says that he was beaten or scourged; but let him set forth the part of the body, and in what manner, whether, for example, with the fist, or club, or stone, as the formula has been published: Whereas A. A. was struck on the cheek with the fist by N. N.'-Likewise if he allege that he has been defamed, he ought to add how he has been defamed. For so the formula is framed: 'Whereas N. N. hissed at A. A. with a view to defamation.' The estimate of injury increases or is reduced according to rank and reputation. matur vel ex facto, velut si quis ab aliquo Ulp. Iniuriarum actio ex bono et aequo est In the cases of so-called real injury, of housebreaking and of libels under the lex Cornelia (A.U. 673), and the interpretation thereof, the choice lies, for the party injured, between a criminal action and a civil actio iniuriarum." Id. Lex Cornelia de iniuriis competit ei, qui iniuriarum agere volet ob eam rem, quod se 'pulsatum verberatumve domumve suam vi introitam' esse dicat. . . . Apparet igitur omnem iniuriam, quae manu fiat, lege Cornelia contineri. -1. 5 pr. eod.3 1 Now an injury is accounted gross, either from the nature of the act, as when a man is wounded or flogged or beaten with clubs by some one; or by reason of the place, as when an injury is done to a man in a theatre or in the forum; or by reason of the person, as when a magistrate has suffered injury, or an injury has been done to senators by a person of low rank [or to a parent or patron by children or freedmen]. 2 The action for injuries comes of what is right and fair, and falls to the ground through pretence; for if a man has left an injury behind, i.e., immediately when he suffered it, called it not to mind, he cannot afterwards through regret rekindle the injury he passed over; . . . accordingly, even if an agreement concerning the injury has intervened, or a compromise has been effected, the action for injuries will not obtain. • The 1. Cornelia concerning injuries is open to him who BOOK III. Pt. I. Ch. II. a Supra. § 25 ad init. Marcian. Etiam ex lege Cornelia iniuriarum actio civiliter moveri potest condemnatione aestimatione iudicis facienda.-1. 37, § 1 eod.' Hermog. De iniuria nunc extra ordinem ex causa et persona statui solet.-1. ult. eod. OBLIGATIONES EX VARIIS CAUSARUM FIGURIS. $135. OBLIGATIONES QUASI EX CONTRACTU. Obligationes quasi ex contractu' are obligations similar in their subject-matter to contractual obligations, which arise from permissible one-sided acts (legal transactions), the immediate primary object of which is not the creation of an obligation. To these belong the following, in themselves quite different cases. NEGOTIORUM GESTIO is the conduct of business for another (dominus) which is voluntary, i.e., undertaken without a commission, and gratuitous. Ulp. Ait praetor: SI QVIS NEGOTIA ALTERIVS, SIVE QVIS NEGOTIA, QUAE CVIVSQUE CVM IS MORITVR FVERINT, GESSERIT, IVDICIVM EO NOMINE DABO.— Negotia' sic accipe: sive unum sive plura.-1. 3 pr., § 2, D. h. t. (de N. G. 3, 5).3 Id. Hoc edictum necessarium est, quoniam : desires to sue for injury because he alleges that he has been 'beaten, struck, or that his house has been entered by force.' ... It appears therefore that every injury occasioned by the hand is included in the 7. Cornelia. 1 A civil action for injuries can also be brought by virtue of the l. Cornelia, in which the condemnation has to be arrived at by the assessment of the iudex. 2 At present it is usual for a decision to be given concerning injury by extraordinary procedure, according to the case and the party. 3 The Praetor says: 'If a man shall have conducted affairs of another, or what shall have been the affairs of some one at the time of his death, I will give an action on that behalf.— 'Affairs' understand as one or several, magna utilitas absentium versatur, ne indefensi Gai. Si quis absentis negotia gesserit . . Ulp. Si quis negotia mea gessit non mei 1 This edict is necessary, because in it lies considerable advantage for absent persons, that they do not, without defence, suffer dispossession or sale of their property, or the sale of a pledge, or an action to attach a penalty, or by some wrong lose their property. "If a person have conducted the affairs of one in his absence without a commission, it has as a matter of fact been held that they are certainly under mutual liability, and actions have been provided in that behalf, which we call actions appertaining to the transaction of business. By these they can mutually take proceedings concerning that which it behoves the one to render the other according to good faith. But it is neither from contract nor from tort that the actions arise; for it is not supposed that he who conducted the business previously contracted with the absent party, and it is no tort to undertake the management of affairs without a commission . . . but for convenience' sake it has been accepted that they are under mutual liability. But also if a person has conducted my business not with |