Delict

Question 1

What are delicts?

Answer 1

Civil wrongs that give rise to liability. Delict law is the legal mechanism for compensating individuals who have suffered loss or injury.

Question 2

Delict vs Crime

Answer 2

• Criminal law enforced by the state, delict by the individual.
• Criminal law about public policy, while delict focused on interpersonal justice.
• delict is a civil matter focused on compensation and is initiated by individuals.

Question 3

What is damnum injuria datum?

Answer 3

Loss wrongfully caused - the fundamental principle of delictual liability.

Question 4

What is the aim of delict?

Answer 4

To restore the injured party to the position they were in prior to the harm.

Question 5

What are the rights delict protects?

Answer 5

1. The right to bodily and mental integrity
2. The right to liberty
3. The right to reputation
4. The right to integrity of property
5. The right to economic well-being

Question 6

What is culpa?

Answer 6

You can’t just show wrong occurred, fault (culpa) must also be proven. The law takes no interest in what has been lost by accident or normal procedure, delict only cares when the infringement of a right was caused by fault.

Question 7

What are the different types of fault?

Answer 7

• Intentional conduct (e.g. assault, defamation)
• Negligent conduct (e.g. careless exposure to harmful substances)
• Strict Liability (no matter how hard you tried to prevent it, you caused harm and are liable to provide compensation)