Legal Definitions - private delict

A private delict is a civil wrong committed by one party against another, resulting in harm and creating a legal obligation for the wrongdoer to compensate the injured party. It is distinct from a public wrong (crime) as it primarily concerns disputes and remedies between private individuals or entities.

A private delict refers to a civil wrong committed by one private individual or entity against another, which causes harm or injury, and for which the law provides a remedy, typically financial compensation. In legal systems that use the term "delict" (often found in civil law jurisdictions), it is similar to what is known as a "tort" in common law systems. The "private" aspect emphasizes that the wrong is against an individual's rights or property, rather than a crime against the state or public order.

Here are some examples illustrating a private delict:

• Example 1: Negligent Property Damage
  A construction company, while working on a new building project, accidentally causes a large piece of equipment to swing into a neighboring residential property, damaging the homeowner's fence and garden shed. The homeowner suffers financial loss due to the damage.

  This is a private delict because the construction company (a private entity) committed a negligent act that directly caused harm to the homeowner's private property. The homeowner can seek compensation from the construction company for the repairs and losses incurred.

• Example 2: Defamation Causing Professional Harm
  An individual posts false and malicious statements online about a local freelance graphic designer, falsely accusing them of plagiarism. As a result, the designer loses several important clients and suffers a significant reduction in income and damage to their professional reputation.

  This constitutes a private delict because one private individual intentionally harmed another private individual's professional standing and financial well-being through false statements. The graphic designer could pursue a claim for damages against the person who made the defamatory remarks.

• Example 3: Personal Injury Due to Unsafe Premises
  A customer at a privately owned restaurant slips and falls, breaking their wrist, because the restaurant staff failed to clean up a spilled drink in a timely manner, despite being aware of the hazard.

  This is an example of a private delict where the private business (the restaurant) was negligent in maintaining a safe environment for its patrons, causing physical injury to a private individual (the customer). The customer could potentially seek compensation for medical expenses, lost wages, and pain and suffering.