英文法律词典 F-10

FATHER-IN-LAW. In latin, socer, is the father of one's wife, or of one's hushand.

FATHER. PUTATIVE¹. A reputed father. Vide Putative father.

FATHOM². A measure of length, equal to six feet. The word is probably derived³ from the Teutonic word fad⁴, which signifies the thread or yarn⁵ drawn⁶ out in spinning to the length of the arm, before it is run upon the spindle. Webster; Minsheu. See Ell. Vide Measure.

FATUOUS⁷ PERSON. One entirely⁸ destitute⁹ of reason; is qui omnino desipit. Ersk. Inst. B. 1, tit. 7, s. 48.

FAUBOURG. A district or part of a town adjoinng the principal city; as, a faubourg of New Orleans. 18 Lo. R. 286.

FAULT, contracts, civil law. An improper¹⁰ act or omission¹¹, which arises from ignorance, carelessness, or negligence¹². The act or omission must not have been meditated¹³, and must have caused some injury to another. Lec. Elcm. §783. See Dolus, Negligence. 1 Miles' Rep. 40.

2. - 1. Faults or negligence are usually divided into, gross, ordinary, and slight: 1. Gross fault or neglect, consists in not observing that care towards others, which a man the least attentive¹⁴, usually takes of his own affairs. Such fault may, in some cases, afford a presumption¹⁵ of fraud, and in very gross cases it approaches so near, as to be almost undistinguishable from it, especially when the facts seem hardly consistent with an honest intention. But there may be a gross fault without fraud. 2 Str. 1099; Story, Bailm. §18-22; Toullier, 1. 3, t. 3, §231. 2. Ordinary faults consist in the omission of that care which mankind generally pay to their own concerns; that is, the want of ordinary diligence. 3. A slight fault consists in the want of that care which very attentive persons take of their own affairs. This fault assimilates itself, and, in some cases, is scarcely distinguishable, from mere¹⁶ accident, or want of foresight¹⁷. This division has been adopted by common lawyers from the civil law. Although the civilians¹⁸ generally agree in this division, yet they are not without a difference of opinion. See Pothier, Observation generale, sur le precedent¹⁹ Traite, et sur les suivants; printed at the end of his Traite des Obligations, where he cites Accurse, Alciat, Cujas, Duaren, D'Avezan, Vinnius, and Heineccius, in support of this division. On the other side the reader is referred to Thomasius, tom. 2, Dissertationem, pago 1006; Le Brun, cited by Jones, Bailm. 27; and Toullier, Droit Civil Francais, liv. 3, tit. 3, §231.

3. - 2. These principles established, different rules have been made as to the responsibilities of parties for their faults in relation to their contracts. They are reduced by Pothier to three.

4.- I. In those contracts where the party derives²⁰ no benefit from his undertaking²¹, he is answerable only for his gross faults.

5.-2. In those contracts where the parties have a reciprocal interest, as in the contract of sale, they are responsible for ordinary neglect.

6. - 3. In those contracts where the party receives the only advantage, as in the case of loan for use, he is answerable for his slight fault. Poth. Observ. Generale; Traite des Oblig. §142; Jones, Bailm. 119 Story, Bailm. 12. See also Ayliffe, Pand. 108. Civ. C. Lou. 3522; 1 Com. Dig. 41 3; 5 Id. 184; Wesk. on Ins. 370.