Legal Definitions - delict

A delict refers to a civil wrong or a wrongful act that causes harm or injury to another person, giving the injured party the right to seek compensation. It is a violation of someone's rights or interests that exists independently of any contract between the parties. In many legal systems, particularly those based on Roman law (like civil law systems), a delict is the equivalent of what is known as a tort in common law systems. The primary goal of a delict claim is to compensate the victim for their losses, rather than to punish the wrongdoer.

Here are some examples illustrating the concept of a delict:

• Example 1: Negligent Driving
  A driver is speeding and texting, causing them to lose control of their vehicle and collide with another car, resulting in injuries to the other driver and significant damage to their vehicle.

  Explanation: The speeding and texting driver committed a wrongful act (negligence) that infringed upon the other driver's right to safety and property, leading to physical harm and financial loss. The injured driver can pursue a delict claim for compensation for medical expenses, vehicle repairs, and other damages.

• Example 2: Product Liability
  A consumer purchases a new kitchen appliance that has a manufacturing defect. When they use it for the first time, it malfunctions and causes a small fire, damaging their kitchen cabinets.

  Explanation: The manufacturer's production of a defective appliance constitutes a delict because it is a wrongful act (or omission in quality control) that caused harm to the consumer's property, even though there was no direct contractual breach regarding the fire itself. The consumer can seek compensation for the property damage.

• Example 3: Trespassing and Damage
  A group of hikers knowingly enters private property without permission and, while exploring, accidentally knocks over and breaks a valuable sculpture displayed in the owner's garden.

  Explanation: The hikers' unauthorized entry onto private land (trespass) and subsequent damage to property are wrongful acts that constitute a delict. They infringed upon the property owner's rights, and the owner can claim compensation for the broken sculpture.

Related concepts include:

• Private Delict: This refers to a wrong that primarily concerns the individuals involved, where the focus is on compensating the injured party. Most delicts fall into this category.

• Public Delict: This involves a wrong that is considered an offense against the community as a whole, leading to actions taken by the state to punish the offender. While it may also cause individual harm, the public interest in punishment is paramount.

• Quasi-Delict: This describes a category of civil wrongs where liability arises even without direct intent or clear negligence, often due to specific legal rules or circumstances. For instance, a property owner might be held responsible for damages caused by something falling from their building, even if they didn't intentionally or negligently cause it to fall, simply because the law places that responsibility on them.