Law of Delict
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Terms in this set (134)
, Wrongful conduct
The act of a person which in a
Delict
wrongful and culpable way causes
loss, damage to another.
Requirements Act. Wrongfulness. Fault.
of Delict Causation. Damage
Delict- protects public interest.
The aggrieved party institutes the
Delict versus
action. Objective- claim damages
Crime
as compensation. No attempted
Delict
Protects public interest. State
Crime prosecutes. Punish the criminal.
Can have attempted crime.
Voluntary human commission or
Conduct
omission
For a liability to follow an act
prejudice must be caused in a
Wrongfulness wrongful or unreasonable manner.
Without wrongfulness defendant
cannot be held liable.
, Liability follows when the omission
was in fact wrongful, where a legal
Liability for an duty rested on the defendant to
omission act positively to prevent harm
from occurring and he failed to
comply with that duty.
Legally blameworthy for having
acted wrongfully or did not
conform to the standard of care
Fault
required by law and thus caused
damage through negligence. Fault
- intention and negligence
Between the act of the defendant
Causal and damage suffered by the
connection plaintiff. The act must have caused
the damage or loss.
The plaintiff must have suffered
damage. Damage can take two
forms. Patrimonial loss - Damnum
iniuria datum, that is the reduction
Damage
of financial power or injury to
personality - iniuria the
infringement of an aspect of
personality - good name.
Save
Get a taste for our practice questions
Learn
Studied 7 terms
Nice work, you're crushing it
Continue studying in Learn
Terms in this set (134)
, Wrongful conduct
The act of a person which in a
Delict
wrongful and culpable way causes
loss, damage to another.
Requirements Act. Wrongfulness. Fault.
of Delict Causation. Damage
Delict- protects public interest.
The aggrieved party institutes the
Delict versus
action. Objective- claim damages
Crime
as compensation. No attempted
Delict
Protects public interest. State
Crime prosecutes. Punish the criminal.
Can have attempted crime.
Voluntary human commission or
Conduct
omission
For a liability to follow an act
prejudice must be caused in a
Wrongfulness wrongful or unreasonable manner.
Without wrongfulness defendant
cannot be held liable.
, Liability follows when the omission
was in fact wrongful, where a legal
Liability for an duty rested on the defendant to
omission act positively to prevent harm
from occurring and he failed to
comply with that duty.
Legally blameworthy for having
acted wrongfully or did not
conform to the standard of care
Fault
required by law and thus caused
damage through negligence. Fault
- intention and negligence
Between the act of the defendant
Causal and damage suffered by the
connection plaintiff. The act must have caused
the damage or loss.
The plaintiff must have suffered
damage. Damage can take two
forms. Patrimonial loss - Damnum
iniuria datum, that is the reduction
Damage
of financial power or injury to
personality - iniuria the
infringement of an aspect of
personality - good name.
