LAW OF DELICT
CHAPTER 1: INTRODUCTION
Delict: wrongful and blameworthy conduct which causes harm to a person
Law of delict forms part of the law of obligatoon. When delict is commitedd a relaaonship is formed
between person who commited delict and person against whom delict was commited. laimant
has a right to claim compensaaon from the person who commited the delictd who has a duty to
compensate claimant
Interests protected by the law of delict include: 1. Personal property 2. Rights to property 3.
Security of the person (physical and mental) 4. Personality interests 5. ertain incidences of pure
economic loss
The aim of the law of delict is the compensaton of damage. Secondary goals include maintaining
public order and discouraging harmful conductd compensaang the vicam in cases where the legal
convicaons of society demands it.
Delictually liability is dependent upon the presence of all the elemeotn of a delictd the elements are:
a) Harm
b) onduct
c) Wrongfulness
d) Fault
e) ausaaon
1
, CHAPTER 2: HARM (DAMAGE)
Necessary to ascertain whether the claimant has a concern protected by the law of delictd and that is
the cased whether that interest has been detrimentally afected.
Harm 1: PATRIMONIAL LOSS (damnum iniuria datum) Acaon: AQUILIAN ACTION (acton legis aquilia)
Harm 2: PAIN AND SUFFERING Acaon: GERMANIC ACTION
Harm 3: INFRINGING PERSONALITY INTERESTS (iniuria) Acaon: ACTIO INIURIARUM
1. PATRIMONIAL HARM
Negaave efect on a personss estate.
I. Financial loss relaang to property damage
II. Financial loss relaang to personal injury
III. Financial loss (not relaang to either of the above)d purely economic loss
Financial estate does not only refer to current assets and liabiliaesd may include certain fnancial
implicaaons that may be encountered in the future. E.G. person injured by a negligent driverd can
claim medical costs and future loss in the form of medical costs for future operaaons. Future costs
only become due when operaaon undertaken.
alculaang patrimonial harm
Value of claimantss estate is calculated and compared to what it would have been if the incident in
quesaon did not occur. “SUM FORUMLA APPROACH”
Total loss/ depreciaaon in value of an asset
Negaavely impacts
Loss/ reducaon of a right/ opportunity with legally recognisable fnancial value
a claimantss estate
Incurrence of liability/ debt
2. NON-PATRIMONIAL HARM
Harm that cannot be measured in monetary terms and doesnst afect the estate of the claimant.
Objecave constraints are used in certain instances to determine the occurrence of non-patrimonial
harmd e.g. whether the reputaaon of a claimant has been lowered by malicious acaons of another.
Subjecave constraints play a part in determining whether the claimant has in fact experienced the
harmd e.g. how the claimant responded to the harm or whether the claimant experienced pain and
sufering.
Non-patrimonial harm is divided into 2 categories: 1. P&S 2. Violaaon of personality interests
2.1 PAIN AND SUFFERING
Must be related to bodily injury of the claimant (cannot claim on p&s experienced- death of a pet)
I. Pain and suffering in a literal sense
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CHAPTER 1: INTRODUCTION
Delict: wrongful and blameworthy conduct which causes harm to a person
Law of delict forms part of the law of obligatoon. When delict is commitedd a relaaonship is formed
between person who commited delict and person against whom delict was commited. laimant
has a right to claim compensaaon from the person who commited the delictd who has a duty to
compensate claimant
Interests protected by the law of delict include: 1. Personal property 2. Rights to property 3.
Security of the person (physical and mental) 4. Personality interests 5. ertain incidences of pure
economic loss
The aim of the law of delict is the compensaton of damage. Secondary goals include maintaining
public order and discouraging harmful conductd compensaang the vicam in cases where the legal
convicaons of society demands it.
Delictually liability is dependent upon the presence of all the elemeotn of a delictd the elements are:
a) Harm
b) onduct
c) Wrongfulness
d) Fault
e) ausaaon
1
, CHAPTER 2: HARM (DAMAGE)
Necessary to ascertain whether the claimant has a concern protected by the law of delictd and that is
the cased whether that interest has been detrimentally afected.
Harm 1: PATRIMONIAL LOSS (damnum iniuria datum) Acaon: AQUILIAN ACTION (acton legis aquilia)
Harm 2: PAIN AND SUFFERING Acaon: GERMANIC ACTION
Harm 3: INFRINGING PERSONALITY INTERESTS (iniuria) Acaon: ACTIO INIURIARUM
1. PATRIMONIAL HARM
Negaave efect on a personss estate.
I. Financial loss relaang to property damage
II. Financial loss relaang to personal injury
III. Financial loss (not relaang to either of the above)d purely economic loss
Financial estate does not only refer to current assets and liabiliaesd may include certain fnancial
implicaaons that may be encountered in the future. E.G. person injured by a negligent driverd can
claim medical costs and future loss in the form of medical costs for future operaaons. Future costs
only become due when operaaon undertaken.
alculaang patrimonial harm
Value of claimantss estate is calculated and compared to what it would have been if the incident in
quesaon did not occur. “SUM FORUMLA APPROACH”
Total loss/ depreciaaon in value of an asset
Negaavely impacts
Loss/ reducaon of a right/ opportunity with legally recognisable fnancial value
a claimantss estate
Incurrence of liability/ debt
2. NON-PATRIMONIAL HARM
Harm that cannot be measured in monetary terms and doesnst afect the estate of the claimant.
Objecave constraints are used in certain instances to determine the occurrence of non-patrimonial
harmd e.g. whether the reputaaon of a claimant has been lowered by malicious acaons of another.
Subjecave constraints play a part in determining whether the claimant has in fact experienced the
harmd e.g. how the claimant responded to the harm or whether the claimant experienced pain and
sufering.
Non-patrimonial harm is divided into 2 categories: 1. P&S 2. Violaaon of personality interests
2.1 PAIN AND SUFFERING
Must be related to bodily injury of the claimant (cannot claim on p&s experienced- death of a pet)
I. Pain and suffering in a literal sense
2
