Delict is a legal term that refers to a civil wrong comparable to a tort. It is an action or omission that causes harm or injury to another person or their property, and for which the injured party has the right to seek compensation from the person responsible for the harm.
Examples of delict include negligence, which is a failure to exercise reasonable care and caution, and intentional wrongdoing, such as assault or defamation. Other types of delict may include breach of contract, interference with property, and product liability.
In civil law systems, delict is an important concept as it forms the basis for many civil lawsuits. The injured party, also known as the plaintiff, can seek damages or compensation for the harm caused by the delict. The damages may include compensation for medical bills, lost wages, pain and suffering, and other related expenses.
It should be noted that tort and delict are two terms that have similar legal meanings, but they are used in different legal systems.
Tort is a term used in common law systems, such as in the United States and the United Kingdom, to refer to a civil wrong or injury that is committed by one person against another person, resulting in damages or injury. Examples of tort include negligence, defamation, and intentional harm. In a tort lawsuit, the injured party seeks compensation for the damages caused by the tort.
Delict, on the other hand, is a term used in civil law systems, such as in Europe and Latin America, to refer to the same concept of a civil wrong that causes harm or injury to another person. In a delict lawsuit, the injured party seeks compensation for the damages caused by the delict.
While both tort and delict refer to the same basic concept of a civil wrong that results in harm or injury to another person, they are used in different legal systems and can have some differences in their legal definitions and requirements for proving liability and damages.
You can learn more about this topic and relevant case law with our Tort Law notes.
