Law of Delict
Study Unit 2
1. Define a Delict
In general, a delict is the act of a person which in a wrongful and culpable way causes loss to
another person. The law of delict determines under which circumstances a person can be held
liable for the damage caused to another.
2. Name the elements of delict (general elements for delictual liability)
Act, wrongfulness, fault, causation, harm
3.
a. Name the 3 actions described as the pillars of our law of delict
Actio Legis Aqiliae, Actio inuriarum, action for pain and suffering
b. Indicate precisely which types of compensation can be recovered with each
cited in (a) above
Actio Legis Aquiliae – Damages for the wrongful and culpable causing of patrimonial damage
Actio iniuriarum – It is for satisfaction for the wrongful and intentional injury to personality
Action for pain and suffering – It is compensation for injury to personality as a result of the
wrongful and negligent impairment of bodily or physical –mental integrity.
c. Indicate what form of fault is required for each cited in (a) above
Actio Legis Aquiliae – Intentional or Negligent
Acto iniuriarum – Intentional
Action for pain and suffering – Negligence or intentional
d. Indicate which other group of delictual actions is available in our law
Liability without fault
e. Name another remedy that may be employed in delictual cases, and explain
how its function differs from that of the delictual actions
An interdict is different from actions in that it is not instituted to recover a loss hat is already
suffered. It is used to prevent harm.
, 4. What is the similarity between delict and breach of contract?
The similarity is that as with delict, a breach of contract is normally an act by one person which
in a wrongful and culpable way causes damage to another.
5. What are the reasons for distinguishing between a delict and a breach of contract?
It is important because a delict is governed by law of delict and a breach of contract is governed
by contract law.
6. What appears to be the similarity between a delict and a crime?
The apparent similarity is that criminal law also takes cognizance of wrongful and culpable acts.
7. Name the differences between a delict and a crime
A crime is under public law, whilst delict is under private law
Delictual remedies are compensatory in character, compensating a complainant for the harm
caused by the wrongdoer.
Criminal sanctions are of a penal nature, they are intended to punish the criminal for his
wrongdoing against the public
8. Name the fundamental rights relevant to the law of delict that are entrenched in
Chapter 2 of the Constitution
The courts must promote the values that underlie an open and democratic society based on
human dignity, equality and freedom
9. Explain in a short essay how Chapter 2 of the Constitution may influence the law of
delict directly
Chapter 2 rights influence the law of delict in that the fundamental rights must be respected
and not infringed except if infringement is reasonable and justifiable according to the limitation
clause. The court must give effect to an applicable fundamental right by applying , and where
necessary, developing the common law in so far as legislation lacks to give effect to that right,
except where it is reasonable and justifiable to develop the common law to limit the right in
accordance with the limitation clause.
Study Unit 2
1. Define a Delict
In general, a delict is the act of a person which in a wrongful and culpable way causes loss to
another person. The law of delict determines under which circumstances a person can be held
liable for the damage caused to another.
2. Name the elements of delict (general elements for delictual liability)
Act, wrongfulness, fault, causation, harm
3.
a. Name the 3 actions described as the pillars of our law of delict
Actio Legis Aqiliae, Actio inuriarum, action for pain and suffering
b. Indicate precisely which types of compensation can be recovered with each
cited in (a) above
Actio Legis Aquiliae – Damages for the wrongful and culpable causing of patrimonial damage
Actio iniuriarum – It is for satisfaction for the wrongful and intentional injury to personality
Action for pain and suffering – It is compensation for injury to personality as a result of the
wrongful and negligent impairment of bodily or physical –mental integrity.
c. Indicate what form of fault is required for each cited in (a) above
Actio Legis Aquiliae – Intentional or Negligent
Acto iniuriarum – Intentional
Action for pain and suffering – Negligence or intentional
d. Indicate which other group of delictual actions is available in our law
Liability without fault
e. Name another remedy that may be employed in delictual cases, and explain
how its function differs from that of the delictual actions
An interdict is different from actions in that it is not instituted to recover a loss hat is already
suffered. It is used to prevent harm.
, 4. What is the similarity between delict and breach of contract?
The similarity is that as with delict, a breach of contract is normally an act by one person which
in a wrongful and culpable way causes damage to another.
5. What are the reasons for distinguishing between a delict and a breach of contract?
It is important because a delict is governed by law of delict and a breach of contract is governed
by contract law.
6. What appears to be the similarity between a delict and a crime?
The apparent similarity is that criminal law also takes cognizance of wrongful and culpable acts.
7. Name the differences between a delict and a crime
A crime is under public law, whilst delict is under private law
Delictual remedies are compensatory in character, compensating a complainant for the harm
caused by the wrongdoer.
Criminal sanctions are of a penal nature, they are intended to punish the criminal for his
wrongdoing against the public
8. Name the fundamental rights relevant to the law of delict that are entrenched in
Chapter 2 of the Constitution
The courts must promote the values that underlie an open and democratic society based on
human dignity, equality and freedom
9. Explain in a short essay how Chapter 2 of the Constitution may influence the law of
delict directly
Chapter 2 rights influence the law of delict in that the fundamental rights must be respected
and not infringed except if infringement is reasonable and justifiable according to the limitation
clause. The court must give effect to an applicable fundamental right by applying , and where
necessary, developing the common law in so far as legislation lacks to give effect to that right,
except where it is reasonable and justifiable to develop the common law to limit the right in
accordance with the limitation clause.
