Delict is a concept of civil law which is used to some degree in many civil law legal systems. However, due to the large number of civil law systems in the world, it is hard to state any generalities about the concept. Civil law or continental law is the predominant system of law in the world. ...

Delict as a willful wrong

In the most narrowly construed sense, delict is a French word and a legal term, which, in some civil law systems, signifies a wilful wrong, similar to the common law concept of tort though differing in many substantive ways. It is to be differentiated from quasi-delict which is an unintentional wrong, similar though differing from the common law concept of negligence. The term is found particularly in Scots Law. This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... Tort is a legal term that means a civil wrong, as opposed to a criminal wrong, that is recognized by law as grounds for a lawsuit. ... Quasi-delict is a French legal term used in civil law jurisdictions, encompassing the common law concept of negligence as the breach of a non-wilful extra-contractual obligation to third parties. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... Negligence is a legal concept usually used to achieve compensation for accidents and injuries. ... Scots law (or Scottish law) is the law of Scotland. ...

German speaking countries

By contrast, the civil law of German-speaking countries does not differentiate between delict and quasi-delict in the sense described above. Under German Deliktsrecht, referring to damages arising outside contract, claims to damages can arise from either intentional or negligent infliction of harm. Under § 823 BGB, damages can either be based on harm inflicted either on an object protected by law (Rechtsgut) such as life, health or property, or on the violation of a law protecting a certain legal interest. A contract is a legally binding exchange of promises or agreement between parties that the law will enforce. ... The Bürgerliches Gesetzbuch (or BGB) was the civil code of the German Empire and continues to act as the central law for german civil law. ...

However, § 826 BGB (and the similar Austrian § 1295 Abs 2 ABGB) compare closely to delict. Under this provision, someone who intentionally inflicts harm on another person in a way violating morality (gute Sitten) is liable for damages.

South Africa

The South African Legal System also uses the law of delicts as opposed to torts. The Law of Delict is recognised as comprising of five generic elements that have to be satisfied before a claimant can be successful. They are:

1) Conduct - which may consist of either a commission (positive action) or an omission (the failure to take required action).

2) Wrongfulness - the conduct complained of must be legally reprehensible. This is usually assessed with reference to the legal convictions of the community.

3) Fault - once the wrongfulness of the conduct is established, it is necessary to establish whether or not it is blameworthy. However, in certain instances it is possible for there to be liability without fault, such as in cases of vicarious liability.

4) Causation - the conduct that the claimant complains of must have caused damage, in this regard both factual causation and legal causation are assessed. The purpose of legal causation is to limit the scope of factual causation, if the consequence of the action is too remote to have been foreseen by an objective, reasonable person the defendant will escape liability.

5) Damage - finally the conduct must have resulted in some form of loss or harm to the claimant in order for them to have a claim. This damage can take the form of patrimonial loss (a reduction in a person's financial position, such as is the case where the claimant incurred medical expenses) or non-patrimonial damages (damages that cannot be related to a person's financial estate, but compensation for something like pain and suffering.)

Scots Law of Delict

Scots tort law There is no principle of tort in Scots Law, the appropriate term being delict. ...

See also

• law of obligations

The Law of Obligations is one of the component elements of the civil law system of law and encompasses contractual obligations, quasi-contractual obligations such as unjust enrichment and extra-contractual obligations. ...

References

• For more information on the Law of Delict in South Africa see Neethling et al: Delict or McKerron: Delict.