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Introduction To The Law Of Delict Unit 1 To Unit 10
Law of Contract (University of South Africa)
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LAW OF DELICT – PVL 3703
PART 1:
INTRODUCTION TO THE LAW OF DELICT
STUDY UNIT 1 & 2:
GENERAL INTRODUCTION
DELICT:
= The act of a person which in a wrongful (ie legally reprehensible) and culpable (ie blameworthy) way causes loss (damage) to another.
LAW OF DELICT:
= Determines under which circumstances a person can be held liable for the damage/ loss he/she caused another.
Translations:
- Afrikaans: “delik”, “deliktereg”, “die reg aangaande die onregmatige daad”
- German: “unerlaubte Handlung”
English and American law: delict = “tort”, “law of tort”
- Basic premise: person prejudiced must bear the damage him/herself.
- However, a wrongdoer is responsible for damage he has caused another.
1. Consequence of damage caused by way of delict : prejudiced person does not have to bear the
loss.
2. Wrongdoer = held liable by the law to compensate prejudiced person for damage.
Forms delict can assume: Interference with another’s :
- Property
- Body
- Freedom
- Good name
- Honour
- Privacy
- Feelings
- Earning capacity
- Trade secrets
Requirements for / elements of delict:
1. Act
2. Wrongfulness
3. Fault
4. Causation
5. Damage
1. Act
- There must have been some act or conduct on the part of the person (wrongdoer/defendant) against
whom the prejudiced party (plaintiff) wishes to litigate.
2. Wrongfulness
- Essence of a delict.
- Wrongdoer must have acted in a legally reprehensible, unlawful or unreasonable way.
- Act will be wrongful if wrongdoer has acted in conflict with the community’s conception of what is
right (boni mores).
Downloaded by stephanie anunwa ()
Introduction To The Law Of Delict Unit 1 To Unit 10
Law of Contract (University of South Africa)
StuDocu is not sponsored or endorsed by any college or university
Downloaded by stephanie anunwa ()
, lOMoARcPSD|13104670
LAW OF DELICT – PVL 3703
PART 1:
INTRODUCTION TO THE LAW OF DELICT
STUDY UNIT 1 & 2:
GENERAL INTRODUCTION
DELICT:
= The act of a person which in a wrongful (ie legally reprehensible) and culpable (ie blameworthy) way causes loss (damage) to another.
LAW OF DELICT:
= Determines under which circumstances a person can be held liable for the damage/ loss he/she caused another.
Translations:
- Afrikaans: “delik”, “deliktereg”, “die reg aangaande die onregmatige daad”
- German: “unerlaubte Handlung”
English and American law: delict = “tort”, “law of tort”
- Basic premise: person prejudiced must bear the damage him/herself.
- However, a wrongdoer is responsible for damage he has caused another.
1. Consequence of damage caused by way of delict : prejudiced person does not have to bear the
loss.
2. Wrongdoer = held liable by the law to compensate prejudiced person for damage.
Forms delict can assume: Interference with another’s :
- Property
- Body
- Freedom
- Good name
- Honour
- Privacy
- Feelings
- Earning capacity
- Trade secrets
Requirements for / elements of delict:
1. Act
2. Wrongfulness
3. Fault
4. Causation
5. Damage
1. Act
- There must have been some act or conduct on the part of the person (wrongdoer/defendant) against
whom the prejudiced party (plaintiff) wishes to litigate.
2. Wrongfulness
- Essence of a delict.
- Wrongdoer must have acted in a legally reprehensible, unlawful or unreasonable way.
- Act will be wrongful if wrongdoer has acted in conflict with the community’s conception of what is
right (boni mores).
Downloaded by stephanie anunwa ()
