Dig. 9.2.5.3
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Dig. 9.2.5.3 |
If a teacher kills or wounds a slave during a lesson is he liable under the Lex Aquilia for having done unlawful damage? Julian writes that a man who had put out a pupil's eye in the course of instruction was held liable under the Law. .... Julian poses this case: A shoemaker struck the neck of a free-born boy with a last who was learning under him, because he had performed badly. The boy's eye was knocked out. On such facts, says Julian, the action for insult does not lie because he struck him not with the intent to insult but in order to correct and teach. Julian also wonders whether there is an action for breach of contract. A teacher may only punish a student lightly. I (Ulpian) have no doubt that an Aquilian action lies. |