Law of Delict
Study Guide Questions and Answers
Q&A
All the self-‐assessment questions, answered
,Study unit 1 (no questions)
Study Unit 2 – Introduction to the law of delict
Define a delict
A delict is the act of a person that in a wrongful and culpable way causes harm
to another.
List the five elements of a delict
Act
Wrongfulness
Fault
Causation
Harm
Name the three actions that are described as the pillars of our law of delict
Actio legis Aquiliae
Actio iniuriarum
Action for pain and suffering
Indicate which types of compensation can be recovered with the above
actions
Actio legis Aquiliae: Damages for the wrongful and culpable (intentional or
negligent) causing of patrimonial damage (damnum iniuria datum).
Actio iniuriarum: Satisfaction (solatium or sentimental damages) for the
wrongful and intentional injury to personality.
Action for pain and suffering: Compensation for injury to personality as a
result of the wrongful and negligent (or intentional) impairment of bodily or
physical-mental integrity.
Indicate which other group of delictual actions is available in our law
Liability without fault
Name another remedy – not an action – that may be employed in
delictual cases, and explain how its function differs from that of the delictual
actions
Interdict. A court order to prevent the causing or continued causing of damage.
Can be issued by the court in absence of proof of the elements of fault,
causation, or damage.
Q&A by @yash0505 2
,Write brief notes on the differences and/or similarities between a delict
and a breach of contract
Similarities: As with a delict, a breach of contract is normally an act by
one person (contracting party) which in a wrongful and culpable way
causes damage to another (contracting party).
Differences: Breach of contract is only constituted by the non-fulfilment
by a contractual party of a contractual personal claim or an obligation to
perform. A delict is constituted by the infringement of any legally
recognised interest of another party, excluding the non-fulfilment of a
duty to perform by a contractual party. The primary remedy for breach of
contract is directed at the enforcement, fulfillment, or execution of the
contract (with a claim for damages playing a secondary part). Delictual
remedies are primarily directed at damages (or satisfaction), and not at
fulfillment.
Write brief notes on the differences and/or similarities between a delict
and a crime
Similarities: The law takes cognisance of wrongful and culpable acts in
the sphere of public law, and criminal law in particular. Delicts pertain to
wrongful and culpable acts too.
Differences: Crimes are a part of public law, whereas delicts are a part of
private law. Public law is directed at upholding the public interest,
whereas private law is directed at the protection of individual interests.
Delictual remedies are compensatory character, whereas criminal
sanctions are of a penal nature.
The same act may found delictual as well as criminal liability. Crimes and
delicts do not always overlap. A delict is not necessarily a crime, and vice
versa.
Name the fundamental rights relevant to the law of delict that are
entrenched in Chapter 2 of the Constitution
The right to property, the right to life, the right to freedom and security of the
person, the right to privacy, the right to human dignity, the right to equality, the
right to freedom of expression, etc.
Explain in a short essay how Chapter 2 of the Constitution may influence
the law of delict directly
Direct vertical application means that the state must respect the fundamental
rights and may not infringe them, except insofar as such infringement is
reasonable and justifiable according to the limitation clause.
Direct horizontal application entails that the courts must give effect to an
applicable fundamental right by applying, and where necessary, developing the
common law insofar as legislation does not give effect to that right, except
Q&A by @yash0505 3
, where it is reasonable and justifiable to develop the common law to limit the
right in accordance with the limitation clause.
Explain in a short essay how Chapter 2 of the Constitution may influence
the law of delict indirectly
The term ‘the indirect operation of the Bill of Rights’ means that all private law
rules, principles, or norms – including those regulating the law of delict – are
subjected to, and must therefore be given content in the light of the basic values
of Chapter 2. Therefore policy factors such as reasonableness, fairness, and
justice may play an important part.
Q&A by @yash0505 4
Study Guide Questions and Answers
Q&A
All the self-‐assessment questions, answered
,Study unit 1 (no questions)
Study Unit 2 – Introduction to the law of delict
Define a delict
A delict is the act of a person that in a wrongful and culpable way causes harm
to another.
List the five elements of a delict
Act
Wrongfulness
Fault
Causation
Harm
Name the three actions that are described as the pillars of our law of delict
Actio legis Aquiliae
Actio iniuriarum
Action for pain and suffering
Indicate which types of compensation can be recovered with the above
actions
Actio legis Aquiliae: Damages for the wrongful and culpable (intentional or
negligent) causing of patrimonial damage (damnum iniuria datum).
Actio iniuriarum: Satisfaction (solatium or sentimental damages) for the
wrongful and intentional injury to personality.
Action for pain and suffering: Compensation for injury to personality as a
result of the wrongful and negligent (or intentional) impairment of bodily or
physical-mental integrity.
Indicate which other group of delictual actions is available in our law
Liability without fault
Name another remedy – not an action – that may be employed in
delictual cases, and explain how its function differs from that of the delictual
actions
Interdict. A court order to prevent the causing or continued causing of damage.
Can be issued by the court in absence of proof of the elements of fault,
causation, or damage.
Q&A by @yash0505 2
,Write brief notes on the differences and/or similarities between a delict
and a breach of contract
Similarities: As with a delict, a breach of contract is normally an act by
one person (contracting party) which in a wrongful and culpable way
causes damage to another (contracting party).
Differences: Breach of contract is only constituted by the non-fulfilment
by a contractual party of a contractual personal claim or an obligation to
perform. A delict is constituted by the infringement of any legally
recognised interest of another party, excluding the non-fulfilment of a
duty to perform by a contractual party. The primary remedy for breach of
contract is directed at the enforcement, fulfillment, or execution of the
contract (with a claim for damages playing a secondary part). Delictual
remedies are primarily directed at damages (or satisfaction), and not at
fulfillment.
Write brief notes on the differences and/or similarities between a delict
and a crime
Similarities: The law takes cognisance of wrongful and culpable acts in
the sphere of public law, and criminal law in particular. Delicts pertain to
wrongful and culpable acts too.
Differences: Crimes are a part of public law, whereas delicts are a part of
private law. Public law is directed at upholding the public interest,
whereas private law is directed at the protection of individual interests.
Delictual remedies are compensatory character, whereas criminal
sanctions are of a penal nature.
The same act may found delictual as well as criminal liability. Crimes and
delicts do not always overlap. A delict is not necessarily a crime, and vice
versa.
Name the fundamental rights relevant to the law of delict that are
entrenched in Chapter 2 of the Constitution
The right to property, the right to life, the right to freedom and security of the
person, the right to privacy, the right to human dignity, the right to equality, the
right to freedom of expression, etc.
Explain in a short essay how Chapter 2 of the Constitution may influence
the law of delict directly
Direct vertical application means that the state must respect the fundamental
rights and may not infringe them, except insofar as such infringement is
reasonable and justifiable according to the limitation clause.
Direct horizontal application entails that the courts must give effect to an
applicable fundamental right by applying, and where necessary, developing the
common law insofar as legislation does not give effect to that right, except
Q&A by @yash0505 3
, where it is reasonable and justifiable to develop the common law to limit the
right in accordance with the limitation clause.
Explain in a short essay how Chapter 2 of the Constitution may influence
the law of delict indirectly
The term ‘the indirect operation of the Bill of Rights’ means that all private law
rules, principles, or norms – including those regulating the law of delict – are
subjected to, and must therefore be given content in the light of the basic values
of Chapter 2. Therefore policy factors such as reasonableness, fairness, and
justice may play an important part.
Q&A by @yash0505 4
