SO UT H A F R I C A N L AW · ST UDY N OT ES
The Law of Delict
Introduction and general principles: conduct and
wrongfulness
Part I: Introduction · Part II: Chapters 2 and 3
,OVERVIEW
Five elements, all required
1 2 3 4 5
Conduct Wrongfulness Fault Causation Damage
A voluntary human Infringement of a Intent or negligence Factual and legal Patrimonial and/or
act or omission right or breach of a causation non-patrimonial loss
legal duty, judged by
the boni mores
Ch 2 Ch 3 Ch 4 (not yet covered) Ch 5 Ch 6
Missing any one element = no delict = no liability.
, CHAPTER 1 · INTRODUCTION
Nature and place of delict
DEFAULT RUL E THE EXCEPTION
The law of delict identifies situations where the
Res perit domino burden of damage shifts from the victim to a
wrongdoer, who must compensate.
Damage rests where it falls: each person
bears their own loss. DEFINITION OF A DELICT
The act of a person that, in a wrongful
and culpable way, causes harm to
another.
The Law of Delict
Introduction and general principles: conduct and
wrongfulness
Part I: Introduction · Part II: Chapters 2 and 3
,OVERVIEW
Five elements, all required
1 2 3 4 5
Conduct Wrongfulness Fault Causation Damage
A voluntary human Infringement of a Intent or negligence Factual and legal Patrimonial and/or
act or omission right or breach of a causation non-patrimonial loss
legal duty, judged by
the boni mores
Ch 2 Ch 3 Ch 4 (not yet covered) Ch 5 Ch 6
Missing any one element = no delict = no liability.
, CHAPTER 1 · INTRODUCTION
Nature and place of delict
DEFAULT RUL E THE EXCEPTION
The law of delict identifies situations where the
Res perit domino burden of damage shifts from the victim to a
wrongdoer, who must compensate.
Damage rests where it falls: each person
bears their own loss. DEFINITION OF A DELICT
The act of a person that, in a wrongful
and culpable way, causes harm to
another.
