Legal Definitions - in forma delicti

The Latin phrase in forma delicti historically refers to an act or situation that takes the form of a civil wrong. It describes conduct that, by its inherent nature, constitutes a delict—an action that causes harm to another and for which the law provides a remedy, similar to what is now often called a tort in modern legal systems. It emphasizes the intrinsic wrongful character of the act itself, rather than its formal legal classification in a specific case.

• Example 1: Intentional Damage to Property

  A disgruntled former employee, out of spite, deliberately pours corrosive chemicals on the company's expensive machinery, rendering it unusable.

  This act, even before any lawsuit is filed, is in forma delicti because it is an intentional act causing direct financial harm and property damage to the company. It inherently possesses the characteristics of a civil wrong (such as trespass to chattels or conversion) for which the company could seek compensation.

• Example 2: Misrepresentation in a Sale

  A car salesperson knowingly conceals a major defect in a used car, assuring the buyer it's in perfect condition, leading the buyer to purchase a vehicle that immediately breaks down.

  The salesperson's deliberate concealment and false assurances are in forma delicti. This conduct constitutes a fraudulent misrepresentation, which is a civil wrong designed to deceive and cause financial harm to the buyer. The act itself, by its nature, is a delict.

• Example 3: Unauthorized Use of Intellectual Property

  A competitor copies a unique design from another company's product, which is protected by design patents, and begins manufacturing and selling identical items without permission.

  The act of unauthorized copying and commercialization of a patented design is in forma delicti. It is an infringement of intellectual property rights, a civil wrong that causes economic harm to the original patent holder by undermining their exclusive right to exploit their invention.