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Actio Directa

A New Law Dictionary and Glossary · Alexander M. Burrill · 1850

A New Law Dictionary and Glossary

In the civil law. A direct action, in the stricter sense of the word directus; (q.v.) an action founded on strict law, and conducted accordmg to fixed forms; called also vulgaris* 1 MackeU.

Civ. Law, 189, § 194. Id. 268, note.

An action on a contract made through an agent, brought between the immediate parties to the contract, that is, the agent and the other contractor.

Story <m Agency, § 163.

An action for an injury directly committed by a person with his own hand or body, (si quis corpore suo damnum dederit;) or where the act done is immediately, and not consequentially injurious.* Inst. 4.

3. 16.

All these are distinguished from the actio utilis. (q. V.) An action brought to enforce an obligation, which is essential to a contract, and which therefore exists immediately after entering upon the same; as distinguished from ac Ho contrarui, or one brought for the payment of a counter claim.

1 Afackeld. Civ. Law, 191} § 195.