delict


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Related to delict: Quasi delict

delict

the name used for civil liability for wrongs in Roman law and in Scots law and in the law of most of the civilian legal systems, such as those of France, Germany and South Africa. It is a much more universal concept than torts but clearly much the same sort of issues are considered. Again, in civilian systems, delict is seen within the overall picture of the law of obligations. See ANIMAL LIABILITY, ECONOMIC LOSS, ECONOMIC TORTS, FAULT, NEGLIGENCE, NUISANCE, OCCUPIER'S LIABILITY, PRODUCT LIABILITY, STRICT LIABILITY, TORT, TRESPASS.

DELICT, civil law. The act by which one person, by fraud or malignity, causes some damage or tort to some other. In its most enlarged sense, this term includes all kinds of crimes and misdemeanors, and even the injury which has been caused by another, either voluntarily or accidentally without evil intention; but more commonly by delicts are understood those small offences which are punished by a small fine or a short imprisonment.
     2. Delicts are either public or private; the public are those which affect the whole community by their hurtful consequences; the private is that which is directly injurious to a private individual. Inst. 4, 18; Id. 4, 1 Dig. 47, 1; Id. 48, 1.
     3. A quasi-delict, quasi delictum, is the act of a person, who without malignity, but by an inexcusable imprudence, causes an injury to another. Poth. Ob. n. 116; Ersk. Pr. Laws of Scotl. B. 4, t. 4, s. 1.

References in periodicals archive ?
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.
[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.