It appears that the depositee was held to " culpa lata " standard.
2.
Once the creditor falls into mora, the debtor is liable only for dolus or culpa lata.
3.
The doctrine is culpa lata dolo aequiparatur; and although the maxim itself is not Roman the principle is classical.
4.
The court found nothing in clause 2 to suggest that only " culpa levis ", but not " culpa lata ", was to enjoy immunity; the immunity extended to gross negligence.
5.
If the buyer has failed to take delivery, the seller is only liable for the consequences of his gross negligence ( " culpa lata " ) or fraud ( " dolus " ).
6.
Moreover, the principle of perpetuatio obligationis applies here in reverse : The creditor bears the risk of supervening impossibility of performance brought about fortuitously or by the debtor s culpa ( provided such negligence is not gross, culpa lata ).
7.
This meant that the depositee was liable if found to have been grossly negligent : careless to the extent that bad faith could almost be assumed . " Culpa lata " was therefore similar to " dolus " ( " fraud " ).
मोबाइल