What are the elements of a delict?

A delict occurs when one party commits a wrong against another. The basic elements of delict are conduct, wrongfulness, fault, causation and damage.

What are the elements of Delictual liability?

The basic elements of delict are conduct, wrongfulness, fault, causation and damage. As a starting point, it is essential to realise that all five elements mentioned above must be present before a person can be set to be delictually liable.

What does the word delict mean?

Definition of delict : an offense against the law.

What are damages in delict?

It basically deals with the circumstances in which one person can claim compensation from another for harm that has been suffered. Damages in delict are divided into: patrimonial/special damages (including medical costs, loss of income and the cost of repairs);

What is the function of delict?

“Delict” (delictum) is, in Roman law, a private wrong, as opposed to a public wrong called “crime” (crimen). Notwithstanding its private nature, in the beginning the consequence of a delict was a penalty whose function was fundamentally punitive, because of the intentional conduct of the wrongdoer (dolus).

What is the purpose of law of delict?

What are the principles of law of delict?

actio libeia in causa When a wrongdoer intentionally creates the situation in which he acts involuntarily to harm another.

Which cause of action is delictual?

Of these requirements, a valid cause action is established by satisfying the delictual elements that give rise to a delictual action: conduct or harm8, wrongfulness9, fault10, causation11, from which the plaintiff suffered damage.

What is an example of delict?

Delicts can be intentional or unintentional. Intentional delicts include, among others, assault, trespass, fraud, passing off and harassment. Unintentional delicts, where an individual has been negligent, give rise to the concept of the duty of care.

What are delictual damages?

What is the difference between punitive and exemplary damages?

Punitive damages go beyond compensating the aggrieved party and are specifically designed to punish defendants whose conduct is considered grossly negligent or intentional. They are also called exemplary damages when they are intended to set an example to deter others from committing similar acts.