Law of Delict

Engages primarily with “the circumstances in which one person can claim compensation from another for harm that has been suffered of an intentional or negligent breach of duty of care that inflicts loss or harm and which triggers legal liability for the wrongdoer.

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Harm sustained by the plaintiff

Conduct on the part of the defendant which is….

  • Wrongful
  • A causal connection between the conduct and the plaintiff’s harm
  • Fault or blameworthiness on the part of the defendant.
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  • Personal Injuries

The elements of harm and conduct are fact-based inquiries, while causation is part-factual and part-normative, and wrongfulness and fault are entirely normative: that is, value-based, in that they articulate a wider societal policy perspective. Delict is “inherently a flexible set of principles that embody social policy.