Answer to Question #239923 in History for Lalla

Question

MaIperfomance in terms of a contract can be due to fraud or negligence on the part of the debtor. Explain in the Roman law test for negligence, which is still the basis for the modern South Africa "reasonable person test". Answer in your own words and ensure that your answer does not exceed 200 words

Answer 1

In comparison to intention, negligence (culpa) is a weaker form of fault. It is easier for the prosecution to show and usually results in a shorter term than a conviction for the same action if the type of fault is intentional. An accused is judged to have been negligent if his conduct deviates from the standard of conduct of a hypothetical reasonable person in the circumstances of the accused. As a result, a conviction for culpable homicide usually carries a lighter term than murder. The prosecution does not need to show that there was no intent before proceeding to prove carelessness.

In many jurisdictions, the standard of the reasonable person or its equivalent is employed to find fault in the form of negligence. Although the standard is primarily objective, it is also subjective in that the objective-subjective application is facilitated by the subjective characteristics of the person against whom the standard is used, and the subjective circumstances present at the time of the delict or tort. In South African law, a person must first be held accountable before being assessed according to the reasonable person standard. If a person is incapable of being held accountable, the criteria does not apply.