Delict (Scots law)

In Scots law, a delict is a civil wrong that gives rise to a right to reparation (compensation) for the loss or injury suffered by the wronged party. It is analogous to a tort in English law and other common law systems.

Delicts encompass a wide range of wrongful conduct, including both intentional acts and negligent omissions. The key element is that the conduct must cause harm to another person, either physical, economic, or emotional.

To successfully claim for delict, the pursuer (plaintiff) must generally prove the following:

• Duty of care: The defender (defendant) owed a duty of care to the pursuer. This duty arises when it is reasonably foreseeable that the defender's actions or omissions could cause harm to the pursuer.
• Breach of duty: The defender breached that duty of care. This means that the defender failed to act with the level of care that a reasonable person would have exercised in the same circumstances.
• Causation: The defender's breach of duty caused the pursuer's loss or injury. There must be a direct causal link between the defender's actions and the harm suffered by the pursuer.
• Loss or injury: The pursuer suffered loss or injury as a result of the defender's actions. This can include physical injury, property damage, financial loss, or emotional distress.

Common examples of delicts include:

• Negligence: Failure to exercise reasonable care, resulting in harm to another.
• Nuisance: Interference with another's enjoyment of their property.
• Defamation: Making false and damaging statements about another person.
• Trespass: Unlawful intrusion onto another's property.
• Assault and battery: Intentional infliction of physical harm.

The law of delict seeks to provide a remedy for those who have been wronged by the actions of others, and to deter wrongful conduct by imposing liability for harm caused. The specific rules and principles governing delictual liability can be complex and are subject to ongoing development through case law. The concept of "reasonable foreseeability" plays a crucial role in determining the scope of liability in many delictual claims.