Abstract:
Abstract
The Covid-19 pandemic has changed many aspects of our daily lives and the intersection
between law and the management of the human activities amidst the pandemic period has
given new insights in to the areas of law that needs to be relooked. As a country where the
common law is governed by the principles of Roman-Dutch law, it becomes vital to inquire in
to the civil liability of those who breach rules relating to quarantine. While the Quarantine
and Prevention of Diseases Ordinance No. 3 of 1897 mainly deals with the matters related to
stopping the spread of the virus with other regulations made in accordance with the
Ordinance, it does not speak about the individual liability of an individual who may spread the
virus to another through her/his negligence. The liability of an individual who negligently
spreads the virus and causes harm upon another has to be considered under the law of delict
which is the governing law on civil liability in Sri Lanka. Using a qualitative method by utilizing
the doctrinal approach, this research endeavours to critically evaluate the possibility of using
delictual liability as a means of obtaining compensation for negligently spreading the virus.
The findings reveal that, the delictual liability as found upon the civil action based on actio
legis aquiliae is capable of providing relief for those who have suffered a loss or a harm due
to the negligence of another in spreading the virus since the material requirements to bring
in a delictual claim, which includes the proving of wrongfulness of the act or omission,
pecuniary or patrimonial loss, fault on the part of the dependent along with foreseeability of
the act or omission can be satisfied by a negligent act of an individual who causes harm upon
another person through her/his negligent acts or omissions.
