Law of Delict Study Guide Questions and Answers
2013
Q&A
All the self-‐assessment questions, answered
,Study unit 1 (no questions) Study Unit 2 – Introduction
to the law of delict Define a delict
A delict is the act of a person that in a wrongful and culpable way causes harm to
another.
List the five elements of a delict
• Act
• Wrongfulness
• Fault
• Causation
• Harm
Name the three actions that are described as the pillars of our law of delict
• Actio legis Aquiliae
• Actio iniuriarum
• Action for pain and suffering
Indicate which types of compensation can be recovered with the above actions
• Actio legis Aquiliae: Damages for the wrongful and culpable (intentional or negligent)
causing of patrimonial damage (damnum iniuria datum).
• Actio iniuriarum: Satisfaction (solatium or sentimental damages) for the wrongful and
intentional injury to personality.
• Action for pain and suffering: Compensation for injury to personality as a result of the
wrongful and negligent (or intentional) impairment of bodily or physical-mental integrity.
Indicate which other group of delictual actions is available in our law
Liability without fault
Name another remedy – not an action – that may be employed in delictual cases, and
explain how its function differs from that of the delictual actions
Interdict. A court order to prevent the causing or continued causing of damage. Can be
issued by the court in absence of proof of the elements of fault, causation, or damage.
Q&A by @yash0505 2
,Write brief notes on the differences and/or similarities between a delict and a breach of
contract
• Similarities: As with a delict, a breach of contract is normally an act by one person
(contracting party) which in a wrongful and culpable way causes damage to another
(contracting party).
• Differences: Breach of contract is only constituted by the non-fulfilment by a
contractual party of a contractual personal claim or an obligation to perform. A delict is
constituted by the infringement of any legally recognised interest of another party,
excluding the non-fulfilment of a duty to perform by a contractual party. The primary
remedy for breach of contract is directed at the enforcement, fulfillment, or execution of
the contract (with a claim for damages playing a secondary part). Delictual remedies are
primarily directed at damages (or satisfaction), and not at fulfillment.
Write brief notes on the differences and/or similarities between a delict and a crime
• Similarities: The law takes cognisance of wrongful and culpable acts in the sphere of
public law, and criminal law in particular. Delicts pertain to wrongful and culpable acts
too.
• Differences: Crimes are a part of public law, whereas delicts are a part of private law.
Public law is directed at upholding the public interest, whereas private law is directed at
the protection of individual interests. Delictual remedies are compensatory character,
whereas criminal sanctions are of a penal nature.
• The same act may found delictual as well as criminal liability. Crimes and delicts do
not always overlap. A delict is not necessarily a crime, and vice versa.
Name the fundamental rights relevant to the law of delict that are entrenched in Chapter
2 of the Constitution
The right to property, the right to life, the right to freedom and security of the person, the
right to privacy, the right to human dignity, the right to equality, the right to freedom of
expression, etc.
Explain in a short essay how Chapter 2 of the Constitution may influence the law of
delict directly
Direct vertical application means that the state must respect the fundamental rights and
may not infringe them, except insofar as such infringement is reasonable and justifiable
according to the limitation clause. Direct horizontal application entails that the courts
must give effect to an applicable fundamental right by applying, and where necessary,
developing the common law insofar as legislation does not give effect to that right,
except
Q&A by @yash0505 3
, where it is reasonable and justifiable to develop the common law to limit the right in
accordance with the limitation clause.
Explain in a short essay how Chapter 2 of the Constitution may influence the law of
delict indirectly
The term ‘the indirect operation of the Bill of Rights’ means that all private law rules,
principles, or norms – including those regulating the law of delict – are subjected to, and
must therefore be given content in the light of the basic values of Chapter 2. Therefore
policy factors such as reasonableness, fairness, and justice may play an important part.
Q&A by @yash0505 4
2013
Q&A
All the self-‐assessment questions, answered
,Study unit 1 (no questions) Study Unit 2 – Introduction
to the law of delict Define a delict
A delict is the act of a person that in a wrongful and culpable way causes harm to
another.
List the five elements of a delict
• Act
• Wrongfulness
• Fault
• Causation
• Harm
Name the three actions that are described as the pillars of our law of delict
• Actio legis Aquiliae
• Actio iniuriarum
• Action for pain and suffering
Indicate which types of compensation can be recovered with the above actions
• Actio legis Aquiliae: Damages for the wrongful and culpable (intentional or negligent)
causing of patrimonial damage (damnum iniuria datum).
• Actio iniuriarum: Satisfaction (solatium or sentimental damages) for the wrongful and
intentional injury to personality.
• Action for pain and suffering: Compensation for injury to personality as a result of the
wrongful and negligent (or intentional) impairment of bodily or physical-mental integrity.
Indicate which other group of delictual actions is available in our law
Liability without fault
Name another remedy – not an action – that may be employed in delictual cases, and
explain how its function differs from that of the delictual actions
Interdict. A court order to prevent the causing or continued causing of damage. Can be
issued by the court in absence of proof of the elements of fault, causation, or damage.
Q&A by @yash0505 2
,Write brief notes on the differences and/or similarities between a delict and a breach of
contract
• Similarities: As with a delict, a breach of contract is normally an act by one person
(contracting party) which in a wrongful and culpable way causes damage to another
(contracting party).
• Differences: Breach of contract is only constituted by the non-fulfilment by a
contractual party of a contractual personal claim or an obligation to perform. A delict is
constituted by the infringement of any legally recognised interest of another party,
excluding the non-fulfilment of a duty to perform by a contractual party. The primary
remedy for breach of contract is directed at the enforcement, fulfillment, or execution of
the contract (with a claim for damages playing a secondary part). Delictual remedies are
primarily directed at damages (or satisfaction), and not at fulfillment.
Write brief notes on the differences and/or similarities between a delict and a crime
• Similarities: The law takes cognisance of wrongful and culpable acts in the sphere of
public law, and criminal law in particular. Delicts pertain to wrongful and culpable acts
too.
• Differences: Crimes are a part of public law, whereas delicts are a part of private law.
Public law is directed at upholding the public interest, whereas private law is directed at
the protection of individual interests. Delictual remedies are compensatory character,
whereas criminal sanctions are of a penal nature.
• The same act may found delictual as well as criminal liability. Crimes and delicts do
not always overlap. A delict is not necessarily a crime, and vice versa.
Name the fundamental rights relevant to the law of delict that are entrenched in Chapter
2 of the Constitution
The right to property, the right to life, the right to freedom and security of the person, the
right to privacy, the right to human dignity, the right to equality, the right to freedom of
expression, etc.
Explain in a short essay how Chapter 2 of the Constitution may influence the law of
delict directly
Direct vertical application means that the state must respect the fundamental rights and
may not infringe them, except insofar as such infringement is reasonable and justifiable
according to the limitation clause. Direct horizontal application entails that the courts
must give effect to an applicable fundamental right by applying, and where necessary,
developing the common law insofar as legislation does not give effect to that right,
except
Q&A by @yash0505 3
, where it is reasonable and justifiable to develop the common law to limit the right in
accordance with the limitation clause.
Explain in a short essay how Chapter 2 of the Constitution may influence the law of
delict indirectly
The term ‘the indirect operation of the Bill of Rights’ means that all private law rules,
principles, or norms – including those regulating the law of delict – are subjected to, and
must therefore be given content in the light of the basic values of Chapter 2. Therefore
policy factors such as reasonableness, fairness, and justice may play an important part.
Q&A by @yash0505 4
