The law of
delict imposes such a duty on doctors because it is not always possible for patients to enter into contracts with their doctors, and doctors are still required to treat such patients properly.
In order to cast light on the intellectual origins of a generalized conception of liability for wrongdoing, Sampson focuses on the writing of Hugo Grotius (1578-1645), principally on natural law, but also on Dutch law, as an early and influential proponent of such a model of
delict. The overall picture that emerges is a curious one, he says, because
delict, one of the main sources of obligations, was neglected by those who wrote on the Corpus Iuris Civilis after a very early point in the revival of Romanist scholarship in the Middle Ages.
unfair competition law tort or
delict," however, some legal
13) Amorezul Iasiului, Gheorghe Nichita: Nu stiam ca a ti se aprinde calcaiele dupa o femeie e un
delict.
The actio popularis authorized any person to pursue a claim on behalf of the public in cases in which a public
delict or wrong might otherwise go unredressed.
Loubser M., et al., 2012, The Law of
Delict in South Africa.
The result, quite predictably, is that the apology is shorn of its essential and positive elements, becoming the instrument whereby additional harm is visited upon the victim and causing the offender to appear guilty of a greater crime than the original
delict. Instead of being a statement that once embraced introspection, acceptance of responsibility and a concomitant resolve to undo the harm, the apology is transformed into a "lawyered" and "layered" conditional and equivocal expression of some responsibility that reads something closer to a watered down "I am sorry if you think I did wrong." This leads to the victim being harmed again, to a degree that is far from negligible, making it almost as if the offender has committed the crime anew by some measure.
the defendant or the accused and the civil or criminal
delict for which
[i]f it appears, in all the circumstances, from a comparison of--(a) the significance of the factors which connect a tort or
delict with the country whose law would be the applicable law under the general rule; and (b) the significance of any factors connecting the tort or
delict to another country, that it is substantially more appropriate for the applicable law ...
This decision was later overturned by the Supreme Court of Appeal (SCA) where the issue of causation, one of the elements of a
delict, proved to be contentious.
"relating to tort,
delict or quasidelict" either in the courts
The basic form held that laws consisted of punishments ("
delict") to be performed on people if they did not comply.