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Delict deals with the righting of legal wrongs in civil law. In modern times much of the literature on delict, and most case law heard before the courts, deals with issues arising from negligence. Insofar as liability for negligent wrongdoing is concerned, the principle of liability is based on reparation for damnum injuria, or loss caused by ...
The actio iniuriarum is an action for delict which "not only seeks to protect an individual's dignity and reputation but also his or her physical integrity." [ 1 ] Harm or loss
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]
Delict in Scots law is the area of law concerned with those civil wrongs which are actionable before the Scottish courts. The Scots use of the term 'delict' is consistent with the jurisdiction's connection with Civilian jurisprudence; Scots private law has a 'mixed' character, blending together elements borrowed from Civil law and Common law, as well as indigenous Scottish developments.
The Scots law of delict similarly recognises the principle and defence of volenti non fit injuria. US tort law has a similar but more complex legal principle known as assumption of risk. US law recognizes at least two major overlapping dichotomies between different kinds of assumption of risk (primary v. secondary, express v. implied).
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 ...
Damnum iniuria datum was a delict of Roman law relating to the wrongful damage to property. It was created by the Lex Aquilia in the third century BC, and consisted of two parts: chapter one, which dealt with the killing of another's slave or certain types of animal; and chapter three which related to other types of property.
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.