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The South African law of delict engages primarily with 'the circumstances in which one person can claim compensation from another for harm that has been suffered'. [1] JC Van der Walt and Rob Midgley define a delict 'in general terms [...] as a civil wrong', and more narrowly as 'wrongful and blameworthy conduct which causes harm to a person'. [2]
Tort law is referred to as the law of delict in Scots and Roman Dutch law, and resembles tort law in common law jurisdictions in that rules regarding civil liability are established primarily by precedent and theory rather than an exhaustive code. However, like other civil law jurisdictions, the underlying principles are drawn from Roman law.
By contrast, the civil law of German-speaking countries does not differentiate between delict (Delikt) and quasi-delict (Quasidelikt) as do French and Roman law.Under German Deliktsrecht, or ‘law of delict’, claims for damages can arise from either fault-based liability (Verschuldenshaftung), i.e. with intention or through negligence (Fahrlässigkeit), or strict liability ...
Volenti non fit iniuria (or injuria) (Latin: "to a willing person, injury is not done") is a Roman legal maxim and common law doctrine which states that if someone willingly places themselves in a position where harm might result, knowing that some degree of harm might result, they are not able to bring a claim against the other party in tort or delict.
In Roman law, obligatio ex delicto is an obligation created as a result of a delict. [1] While "delict" itself was never defined by Roman jurisprudents, delicts were generally composed of injurious or otherwise illicit actions, ranging from those covered by criminal law today such as theft and robbery to those usually settled in civil disputes in modern times such as defamation, a form of ...
The harm or loss which gives rise to the actio iniuriarum is a violation of a personality interest, usually classified, as per the definition above, under the following three headings: corpus, or bodily integrity; dignitas, or dignity; and; fama, or reputation. [2]
Volenti non fit injuria – Latin for "To a willing person, no injury is done", this common law doctrine means that if someone willingly puts themselves in a position where harm might result, they can not sue if harm occurs. That is, a boxer consents to being hit, and the injuries related to boxing are thus not actionable (although if his ...
Smit v Abrahams [1] is an important case in South African law.It was heard in the Appellate Division on March 15, 1994, with judgment handed down on May 16. Botha AR, EM Grosskopf AR, Kumleben AR, Van Den Heever AR and Mahomed Wn AR were the judges.