Legal Definitions - delictum

Delictum is the Latin term from which the modern legal concept of a "delict" is derived. In legal systems influenced by Roman law (such as those in many European countries, South Africa, and Scotland), a delict refers to a civil wrong that causes harm to another person and gives rise to a legal obligation to compensate the injured party. It is distinct from a criminal offense, which involves a wrong against society as a whole.

Essentially, a delict is an act or omission that breaches a duty owed to another, resulting in damage or injury, for which the wrongdoer can be held legally responsible. This concept is broadly similar to a "tort" in common law jurisdictions like the United States and England.

Here are some examples to illustrate the concept of a delict:

• Example 1: Negligent Driving

  A delivery driver, distracted by their phone, fails to stop at a red light and collides with another vehicle, causing significant damage to the car and minor injuries to its occupant. The driver's actions constitute a delict.

  Explanation: The delivery driver had a legal duty to drive safely and pay attention to the road. By being distracted and running a red light, they breached this duty. Their wrongful act directly caused harm (vehicle damage and personal injury) to the other driver. Consequently, the distracted driver (or their employer) would be legally liable to compensate the injured party for their medical expenses, vehicle repairs, and any other related losses.

• Example 2: Environmental Pollution

  A manufacturing plant illegally discharges untreated wastewater into a nearby river, contaminating the water supply for a downstream farming community. This contamination leads to crop failures and illness among livestock.

  Explanation: The manufacturing plant committed a delict. Their act of polluting the river was a wrongful breach of environmental regulations and a duty not to harm others through their operations. This act directly caused economic damage (crop failures) and potential health issues (sick livestock) to the farming community. The plant would therefore be legally responsible for compensating the farmers for their losses and potentially for the costs of environmental cleanup.

• Example 3: Professional Misconduct

  An accountant, hired to manage a client's investment portfolio, negligently advises the client to invest a large sum of money in a high-risk, unvetted scheme without proper due diligence. The investment subsequently fails, causing the client to lose a substantial portion of their savings.

  Explanation: The accountant's negligent advice constitutes a delict. As a professional, the accountant had a duty to exercise reasonable care and skill in managing their client's finances. By recommending an unvetted, high-risk investment without proper investigation, they breached this professional duty. This breach directly caused financial harm to the client. The accountant would be legally liable to compensate the client for the financial losses incurred due to their professional negligence.