A delict is when one person’s wrongful conduct causes harm to another.
It can be intentional, where the person sets out to commit a harmful act. Also, the harm or injury can be a result of the person not doing what is reasonably expected.
The legal remedy for delict is for the party who suffered harm to claim compensation for the damages arising from the incident.
The set of concepts included in the law of delict is central to personal injury claims and other types of civil claims for damages.
5 elements of delictual liability
In South African law, five elements are key to establishing delictual liability.
1. Conduct
Conduct refers to the voluntary behaviour of the person who caused the harm. It can be that they did something or failed to do something.
2. Wrongfulness
The act or omission must be contrary to the accepted behaviour of what a reasonable person would have done under the same circumstances.
The conduct must infringe on the rights of the individual in an illegal and objectionable way.
3. Fault
Fault refers to the culpability of the person who caused the harm. Did the person act with intention or was the conduct unintentional and negligent?
4. Causation
To establish liability, there must be a factual link between the conduct and the harm or damage suffered.
5. Damage
Damage is the loss suffered as a result of the person’s conduct. It can be monetary loss or physical or emotional loss.
Types of damages in delict
There are three types of damages in delict.
Patrimonial or financial damages aremedical costs and loss of income suffered as a result of a road accident, slip and trip incident or other types of personal injury.
Non-patrimonial or general damages are for pain and suffering, disfigurement and/or loss of amenities.
Pure economic harm includes financial losses not related to property damage or physical injury, such as loss due to defamation of character.
Difference between the law of delict and tort law
The law of delict in South Africa is known as tort law in the US, UK and elsewhere in the world.
As with a delict, a tort is an act or omission that causes legally recognisable harm to an individual or property.
Tort law is the set of rules concerned with remedying the harms caused by a wrongful act, as is the law of delict.
How does this relate to my personal injury claim?
What’s relevant about the law of delict is that if you suffer injury as a direct result of another party’s wrongful action or negligence, you can claim compensation for damages through South African civil law.
At DSC Attorneys, we specialise in personal injury law. Contact us for the very best legal support and representation. Note that we work on a no win, no fee basis.
