英文法律词典 Q-9
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QUASI CORPORATIONS. This term is applied1 to such bodies or municipal socie-ties, which, though not vested with the general powers of corporations, are yet recognized by statutes3 or immemorial usage, as persons or aggregate4 corporations, with precise duties which may be enforced, and privileges which may be maintained by suits at law. They may be considered qua corporations, with limited powers, coextensive with the duties imposed upon them by statute2 or usage; but restrained from a general use of the authority, which belongs to those metaphysical persons by the common law.

2. Among quasi corporations may be ranked towns, townships, parishes, hundreds, and other political divisions of counties, which are established with-out an express charter of incorporation5; commissioners6 of a county, supervisors7 of highways, overseers of the poor, loan officers of a county, and the like, who are invested with corporate8 powers sub modo, and for a few specified9 purposes only. But not such a body as the general assembly of the Preshyterian church, which has not the capacity to sue and be sued. 4 Whart. 531. See 2 Kent Com. 224; Ang. on Corp. 16; 13 Mass. 192; 18 John. R. 422; 1 Cowen, R. 258, and the note; 2 Wend. R. 109; 7 Mass. R. 187; 2 Pick. R. 352; 9 Mass. Rep. 250; 1 Greenl. R. 363; 2 John. Ch. Rep. 325; 1 Cowen, 680; 4 Wharton, R. 531, 598.

QUASI DELICT, civil law. An act whereby a person, without malice10, but by fault, negligence11 or imprudence not legally excusable, causes injury to another.

2. A quasi delict may be public or private; the neglect of the affairs of a community, when it is our duty to attend to them, may be a crime; the neglect of a private matter, under similar circumstances, may be the ground of a civil action. Bowy. Mod. C. L. c. 43, p. 265.

QUASI OFFENCES, torts, civil law. Those acts which, although not committed by the persons responsible for them, are by implication of law supposed to have been committed by their command, by other persons for whom they are answerable. They are also injuries which have been caused by one person to another, without any intention to hurt them.

2. Of the first class of quasi offences are the injuries occasioned by agents or servants in the exercise of their employments. A master is, therefore, liable to be sued for injuries occasioned by the neglect or unskilfulness of his servant while in the course of his employment, though the act was obviously tortious and against the master's consent as, for fraud, deceit, or other wrongful act. 1 Salk . 280; Cro. Jac. 473; 1 Str. 653; Roll. Abr. 95, 1. 15; 1 East, 106; 2 H. Bl. 442; 3 Wills. 313; 2 Bl. Rep. 845; 5 Binn. 54 0; sed vide, Com. Dig. tit. Action on the case for deceit, B. A master is liable for a servant's negligent12 driving of a carriage or navigating13 a ship; 1 East, 105; or for a libel inserted in a newspaper of which defendant14 was proprietor15. 1 B. & P. 409. The master is also liable not only for the acts of those immediately employed about him, but even for the acts of a sub-agent, however remote, if committed in the course of his service; 1 Bos. & P. 404; 6 T. R. 411; and a corporate company are liable to be sued for the wrongful acts of their servants; 3 Camp. 403; when not, see 4 M. & S. 27.

3. But the wrongful or unlawful acts must be committed in the course of the servant's employmen, and while the servant is acting16 as such; therefore a person who hires a post chaise is not liable for the negligence of the driver, but the action must be against the driver or owner of the chaise and horses. 6 Esp. Cas. 35; 4 Barn. & A. 409 sed vide 1 B. & P. 409.

4. A master is not in general liable for the criminal acts of his servant wilfully18 committed by him. 2 Str. 885. Neither is he liable his servant wilfully commit an injury to another as if a servant wilfully drive his master's carriage against another's, or ride or beat a distress19 damage feasant. 1 East. 106; Rep. T. Hard. 87; 3 Wils. 217; 1 Salk. 289; 2 Roll. Abr. 553; 4 B. & A. 590. In some cases, however, where it is the duty of the master to see that the servant acts correctly, he may be liable criminally for what the servant has done; as where a baker's servant introduced noxious20 materials in his bread. 3 M. & S. 11; Ld. Raymond, 264; 4 Camp. 12. And on principles of public policy, a sheriff is liable civilly for the trespass21, extortion, or other wilful17 misconduct of his bailiff. 2 T. Rep. 154; 3 Wils. 317; 8 T. R. 431.

5. In Louisiana, the father, or after his decease, the mother is responsible for the damages occasioned by their minor22 or unemancipated children, residing with them, or placed by them under the care of other persons, reserving to them recourse against those persons. Code art. 2297. The curators of insane persons are answerable for the damage occasioned by those under their care. Id. 2298. Masters and employers are answerable for the damage occasioned by their servants and overseers, in the exercise of the functions in which they are employed; teachers and artisans, for the damage caused by their scholars and apprentices23, while under their superintendence. In the above cases responsibility attaches, when the masters or employers, teachers and artisans, might have prevented the act which caused the damage, and have not done it. Id. 299. The owner of an animal is answerable for the damage he has caused; but if the animal has been lost or strayed more than a day, he may discharge himself from this responsibility, by abandoning him to the person who his sustained the injury; except where the master has turned loose a dangerous or noxious animal; for then he must pay all the harm done without being allowed to make the abandonment. Id. 2301.



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1 applied Tz2zXA     
adj.应用的;v.应用,适用
参考例句:
  • She plans to take a course in applied linguistics.她打算学习应用语言学课程。
  • This cream is best applied to the face at night.这种乳霜最好晚上擦脸用。
2 statute TGUzb     
n.成文法,法令,法规;章程,规则,条例
参考例句:
  • Protection for the consumer is laid down by statute.保障消费者利益已在法令里作了规定。
  • The next section will consider this environmental statute in detail.下一部分将详细论述环境法令的问题。
3 statutes 2e67695e587bd14afa1655b870b4c16e     
成文法( statute的名词复数 ); 法令; 法规; 章程
参考例句:
  • The numerous existing statutes are complicated and poorly coordinated. 目前繁多的法令既十分复杂又缺乏快调。 来自英汉非文学 - 环境法 - 环境法
  • Each agency is also restricted by the particular statutes governing its activities. 各个机构的行为也受具体法令限制。 来自英汉非文学 - 环境法 - 环境法
4 aggregate cKOyE     
adj.总计的,集合的;n.总数;v.合计;集合
参考例句:
  • The football team had a low goal aggregate last season.这支足球队上个赛季的进球总数很少。
  • The money collected will aggregate a thousand dollars.进帐总额将达一千美元。
5 incorporation bq7z8F     
n.设立,合并,法人组织
参考例句:
  • The incorporation of air bubbles in the glass spoiled it.玻璃含有气泡,使它质量降低。
  • The company will be retooled after the incorporation.合并之后的公司要进行重组。
6 commissioners 304cc42c45d99acb49028bf8a344cda3     
n.专员( commissioner的名词复数 );长官;委员;政府部门的长官
参考例句:
  • The Commissioners of Inland Revenue control British national taxes. 国家税收委员管理英国全国的税收。 来自《简明英汉词典》
  • The SEC has five commissioners who are appointed by the president. 证券交易委员会有5名委员,是由总统任命的。 来自英汉非文学 - 政府文件
7 supervisors 80530f394132f10fbf245e5fb15e2667     
n.监督者,管理者( supervisor的名词复数 )
参考例句:
  • I think the best technical people make the best supervisors. 我认为最好的技术人员可以成为最好的管理人员。 来自辞典例句
  • Even the foremen or first-level supervisors have a staffing responsibility. 甚至领班或第一线的监督人员也有任用的责任。 来自辞典例句
8 corporate 7olzl     
adj.共同的,全体的;公司的,企业的
参考例句:
  • This is our corporate responsibility.这是我们共同的责任。
  • His corporate's life will be as short as a rabbit's tail.他的公司的寿命是兔子尾巴长不了。
9 specified ZhezwZ     
adj.特定的
参考例句:
  • The architect specified oak for the wood trim. 那位建筑师指定用橡木做木饰条。
  • It is generated by some specified means. 这是由某些未加说明的方法产生的。
10 malice P8LzW     
n.恶意,怨恨,蓄意;[律]预谋
参考例句:
  • I detected a suggestion of malice in his remarks.我觉察出他说的话略带恶意。
  • There was a strong current of malice in many of his portraits.他的许多肖像画中都透着一股强烈的怨恨。
11 negligence IjQyI     
n.疏忽,玩忽,粗心大意
参考例句:
  • They charged him with negligence of duty.他们指责他玩忽职守。
  • The traffic accident was allegedly due to negligence.这次车祸据说是由于疏忽造成的。
12 negligent hjdyJ     
adj.疏忽的;玩忽的;粗心大意的
参考例句:
  • The committee heard that he had been negligent in his duty.委员会听说他玩忽职守。
  • If the government is proved negligent,compensation will be payable.如果证明是政府的疏忽,就应支付赔偿。
13 navigating 7b03ffaa93948a9ae00f8802b1000da5     
v.给(船舶、飞机等)引航,导航( navigate的现在分词 );(从海上、空中等)横越;横渡;飞跃
参考例句:
  • These can also be very useful when navigating time-based documents, such as video and audio. 它对于和时间有关的文档非常有用,比如视频和音频文档。 来自About Face 3交互设计精髓
  • Vehicles slowed to a crawl on city roads, navigating slushy snow. 汽车在市区路上行驶缓慢,穿越泥泞的雪地。 来自互联网
14 defendant mYdzW     
n.被告;adj.处于被告地位的
参考例句:
  • The judge rejected a bribe from the defendant's family.法官拒收被告家属的贿赂。
  • The defendant was borne down by the weight of evidence.有力的证据使被告认输了。
15 proprietor zR2x5     
n.所有人;业主;经营者
参考例句:
  • The proprietor was an old acquaintance of his.业主是他的一位旧相识。
  • The proprietor of the corner grocery was a strange thing in my life.拐角杂货店店主是我生活中的一个怪物。
16 acting czRzoc     
n.演戏,行为,假装;adj.代理的,临时的,演出用的
参考例句:
  • Ignore her,she's just acting.别理她,她只是假装的。
  • During the seventies,her acting career was in eclipse.在七十年代,她的表演生涯黯然失色。
17 wilful xItyq     
adj.任性的,故意的
参考例句:
  • A wilful fault has no excuse and deserves no pardon.不能宽恕故意犯下的错误。
  • He later accused reporters of wilful distortion and bias.他后来指责记者有意歪曲事实并带有偏见。
18 wilfully dc475b177a1ec0b8bb110b1cc04cad7f     
adv.任性固执地;蓄意地
参考例句:
  • Don't wilfully cling to your reckless course. 不要一意孤行。 来自辞典例句
  • These missionaries even wilfully extended the extraterritoriality to Chinese converts and interfered in Chinese judicial authority. 这些传教士还肆意将"治外法权"延伸至中国信徒,干涉司法。 来自汉英非文学 - 白皮书
19 distress 3llzX     
n.苦恼,痛苦,不舒适;不幸;vt.使悲痛
参考例句:
  • Nothing could alleviate his distress.什么都不能减轻他的痛苦。
  • Please don't distress yourself.请你不要忧愁了。
20 noxious zHOxB     
adj.有害的,有毒的;使道德败坏的,讨厌的
参考例句:
  • Heavy industry pollutes our rivers with noxious chemicals.重工业产生的有毒化学品会污染我们的河流。
  • Many household products give off noxious fumes.很多家用产品散发有害气体。
21 trespass xpOyw     
n./v.侵犯,闯入私人领地
参考例句:
  • The fishing boat was seized for its trespass into restricted waters.渔船因非法侵入受限制水域而被扣押。
  • The court sentenced him to a fine for trespass.法庭以侵害罪对他判以罚款。
22 minor e7fzR     
adj.较小(少)的,较次要的;n.辅修学科;vi.辅修
参考例句:
  • The young actor was given a minor part in the new play.年轻的男演员在这出新戏里被分派担任一个小角色。
  • I gave him a minor share of my wealth.我把小部分财产给了他。
23 apprentices e0646768af2b65d716a2024e19b5f15e     
学徒,徒弟( apprentice的名词复数 )
参考例句:
  • They were mere apprentices to piracy. 他们干海盗仅仅是嫩角儿。
  • He has two good apprentices working with him. 他身边有两个好徒弟。
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