Delict

A delict is a term originating from Roman law and still used in some legal systems, particularly those derived from Roman or civil law traditions. It refers to a wrongful act or omission that causes harm to another person, giving rise to a legal obligation for the wrongdoer to provide reparation, usually in the form of damages.

Key Characteristics:

• Wrongful Conduct: A delict involves conduct that is considered unlawful or a breach of duty recognized by law.
• Harm: The wrongful conduct must result in harm or injury to another party. This harm can be physical, emotional, or financial.
• Causation: A causal link must exist between the wrongful conduct and the harm suffered.
• Fault: Generally, the person committing the delict must have acted with some degree of fault, which may be intentional, negligent, or, in certain cases, strict liability may apply.

Distinction from Crime and Contract:

• Delict vs. Crime: While both delicts and crimes involve wrongful conduct, a crime is an offense against the state, prosecuted by the state, with the primary goal of punishment. A delict, on the other hand, is a private wrong, with the primary goal of compensating the victim for their losses. The same act can, however, be both a crime and a delict, giving rise to both criminal and civil liability.

• Delict vs. Contract: A delict arises from a breach of a general duty owed to all persons, while a contractual obligation arises from a specific agreement between parties. The remedies available also differ, with delictual remedies typically aimed at compensation, while contractual remedies may include specific performance or other measures aimed at enforcing the agreement.

Legal Systems:

The term "delict" is most commonly encountered in legal systems influenced by Roman law, such as those found in Scotland, South Africa, and parts of Europe. In common law systems, such as those in England and the United States, the term "tort" is used instead to describe a similar concept of a civil wrong giving rise to a claim for damages. Although the terminology differs, the underlying principles are often similar.