Legal Definitions - delictual fault

Delictual fault refers to the blameworthy conduct that leads to a civil wrong, causing harm to another person, and for which the person at fault can be held legally responsible to compensate the injured party. It encompasses both intentional acts and negligent omissions or actions that fall below a reasonable standard of care, resulting in damage or injury.

This concept is fundamental in legal systems that derive from Roman law traditions (such as those in South Africa, Scotland, and many European countries), where it is the basis for civil liability for wrongful acts, similar to the concept of "tortious fault" in common law systems.

Here are some examples illustrating delictual fault:

• Example 1: Negligent Driving

  A delivery driver, distracted by a phone call, fails to notice a stop sign and collides with another vehicle, causing significant damage to both cars and minor injuries to the occupants of the other vehicle.

  Explanation: The driver's distraction and failure to obey traffic laws constitute negligence, which is a form of delictual fault. Their blameworthy conduct (not paying attention and running a stop sign) directly caused harm and damage, making them potentially liable for the costs of repairs and medical expenses.

• Example 2: Intentional Damage to Property

  During a heated argument, one neighbor deliberately throws a rock through the window of another neighbor's house, shattering the glass.

  Explanation: This act demonstrates delictual fault through intent. The neighbor intentionally caused damage to property, which is a civil wrong. Their deliberate action makes them responsible for compensating the homeowner for the cost of replacing the window.

• Example 3: Professional Negligence

  An architect designs a building without properly calculating the structural load requirements, leading to a partial collapse of a roof section during a heavy snowfall, causing property damage and minor injuries to workers.

  Explanation: The architect's failure to adhere to professional standards and exercise due care in their calculations constitutes negligence, a form of delictual fault. Their blameworthy professional conduct directly resulted in harm and damage, making them potentially liable for the resulting losses.