WALMART SECURITY ISSUES
CORPORATE PROCEDURES
THE LAW OF DELICT
Definition:
A delict is a wrongful act committed against a person that causes the person to suffer harm. That harm entitles the “victim” to claim compensation in a civil court.
It involves two Roman actions:
Actio legis aquiliae(aquilian action)
Remedy for wrong done to an interest of substance, in other words, the action relates to bodily harm or injury or physical damage to property.
Actio iniuriarum
Remedy for a wrong done to an interest of personality, in other words, the action relates to dignity or reputation A. Essential elements of the actio iniuriarum
1. Wrongful act
Q: Do ordinary members of the community think less of the plaintiff as a result of the defamatory statement? Yes = wrongful!!
E.g: statements alleging dishonesty, immorality, incompetence, criminality.
2. Fault the personality interest of the plaintiff must have been intentionally harmed
3. Causation the wrongful act must be seen as referring to the plaintiff and must have caused harm.
4. Damage the statement must be proved to have damaged and caused harm to the personality interest of the plaintiff
B. Types of actio iniuriarum
1. invasion of bodily security (assault)
2. detention or invasion of dignity
3. invasion of privacy e.g: publication of private facts placing a person in a false light unauthorized appropriation of a person’s name or likeness intrusion into a person’s sphere e.g spying or phone tapping the collection of personal data
4. Defamation
Definition:- the unlawful, intentional publication of words or conduct referring to the plaintiff, which tends to lower the esteem of the plaintiff in the minds of right thinking persons(reasonable person)
Publication? Making a defamatory statement to any person other than the plaintiff.
Every person participating in the publication is liable
Four types of defamation:
an imputation against moral character,
THE LAW OF DELICT
Definition:
A delict is a wrongful act committed against a person that causes the person to suffer harm. That harm entitles the “victim” to claim compensation in a civil court.
It involves two Roman actions:
Actio legis aquiliae(aquilian action)
Remedy for wrong done to an interest of substance, in other words, the action relates to bodily harm or injury or physical damage to property.
Actio iniuriarum
Remedy for a wrong done to an interest of personality, in other words, the action relates to dignity or reputation A. Essential elements of the actio iniuriarum
1. Wrongful act
Q: Do ordinary members of the community think less of the plaintiff as a result of the defamatory statement? Yes = wrongful!!
E.g: statements alleging dishonesty, immorality, incompetence, criminality.
2. Fault the personality interest of the plaintiff must have been intentionally harmed
3. Causation the wrongful act must be seen as referring to the plaintiff and must have caused harm.
4. Damage the statement must be proved to have damaged and caused harm to the personality interest of the plaintiff
B. Types of actio iniuriarum
1. invasion of bodily security (assault)
2. detention or invasion of dignity
3. invasion of privacy e.g: publication of private facts placing a person in a false light unauthorized appropriation of a person’s name or likeness intrusion into a person’s sphere e.g spying or phone tapping the collection of personal data
4. Defamation
Definition:- the unlawful, intentional publication of words or conduct referring to the plaintiff, which tends to lower the esteem of the plaintiff in the minds of right thinking persons(reasonable person)
Publication? Making a defamatory statement to any person other than the plaintiff.
Every person participating in the publication is liable
Four types of defamation:
an imputation against moral character,