Law of Packilvania: Difference between revisions
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=== Intangible property law ===
Data is regarded as the property of the user unless forfeited by some other process such as agreeing to use an internet service. Illicit deletion, manipulation, and extraction of data is a breach of property law. There are some instances where a service cannot expect users to cede the right to their data such as biometric information and bank account details. As such negligence in handling their property is the equivalent of negligence in handling physical goods.
== Law of delict ==
The law of delict is the law concerning intentional or negligent behaviour that gives rise to a civil wrong through the breach of a duty of care that begets a civil damage or creates a liability. This is distinct from the law of contract because the obligation does not arise out of ''luKhavnan ameDush'' (agreement of two) and therefore does not require ''leFakir leNafas'' (equality of minds). The obligation arises from public policy not contractual agreement. This is given by the following:
* ''luYamil aluTizmam'' (Required Action): Required action or inaction which must be proven on the basis that there was a reasonable duty of care
* ''neluKhanonishme'' (Unlawfulness): The action was unlawful and impermissible. This must be proven by whether there were laws or customs in place which the act violated.
* ''luAsasi aluDhanab'' (Standard of Fault): The person who committed the action was at fault for what they did or failed to do. For instance, someone who was incapacitated, who lacked knowledge or qualification, in some cases a minor etc. cannot be held accountable to the standard of fault required by law. A doctor has a duty to help someone who is having a medical emergency but a normal person does not. If someone swerves into a pole to avoid hitting a child who runs into the middle of the road, the child does not have an obligation to not run into the middle of the road. In cases involving children, most of the time, the parents are responsible for ensuring whether or not the child is able to carry out the required action for a delict to arise.
* ''luHaram'' (Harm): Was there a loss due to the conduct? ''luHaram aleSawlid'' refers to damage to goods or assets already owned by that person. ''luHaram aluGamalmustaf'' refers to the damage of the prospect for future gain or benefit or the loss of an opportunity. ''luHaram aluChakar'' refers to emotional or psychological harm.
* ''luYuqad aluDhanab'' (Chain of Fault): This refers to the fact that the cause of the damage by the conduct of the person needs to have been direct not incidental.
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== Procedure ==
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