Legal Definitions - delictual

The term delictual is an adjective used to describe something that relates to, arises from, or involves a "delict." In many legal systems, a delict is essentially a civil wrong that causes harm or loss to another person, giving the injured party a right to seek compensation. This concept is often synonymous with what is known as a "tort" in common law jurisdictions.

Therefore, when something is described as delictual, it means it pertains to a legal dispute or action stemming from a civil wrong, rather than from a breach of contract (a broken agreement) or a criminal offense (a wrong against society).

• Example 1: Negligent Driving

  A delivery driver, distracted by their phone, runs a red light and collides with another car, causing significant damage and injuries to the other driver. The injured driver's claim for medical expenses and vehicle repairs against the distracted driver is a delictual claim. It arises from the distracted driver's negligent act (a civil wrong) that caused harm, not from a broken contract or a criminal prosecution (though a traffic offense might also occur).

• Example 2: False Accusation

  During a heated public meeting, a local politician falsely accuses a business owner of embezzling community funds, severely damaging the owner's professional reputation. If the business owner sues the politician for damages to their reputation, this legal action would be considered delictual. The claim is based on the politician's defamatory statement, which is a civil wrong causing harm, independent of any contractual agreement.

• Example 3: Unsafe Premises

  A shopper slips and falls on a wet, unmarked floor in a grocery store, sustaining a serious injury because the store management failed to clean up a spill or put out warning signs. The shopper's potential lawsuit against the grocery store for their injuries and related costs would be a delictual claim. It stems from the store's failure to maintain a safe environment (a civil wrong known as negligence or occupier's liability), which directly caused the shopper's harm.