delict


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Related to delict: Quasi delict

delict

noun corruption, crime, delictum, dereliction of duty, duty unfulfilled, felony, injurious act, injury, malfeasance, malversation, misdemeanor, misprision, neglect of duty, negligent act of injury, negligent offense, negligent wrongdoing, nonfeasance, obbigation repudiated, offense, official misconduct, tort, violation of a duty, wrong
Associated concepts: quasi delict
See also: crime, guilt, misdeed, offense

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 ?
Doctors who fail to exercise the requisite skill and care can be sued either in contract or in delict because they have a contractual obligation not to be negligent, but also 'a legal duty, independent of the contract, not to be negligent'.
155) As to the second, Kames explained that towns could always pursue magistrates after they left office, for any delicts committed during their terms as the officials in charge of the management of town revenues.
whether they derive from contract, delict, or other sources).
The majority of the Court held that South African common law on delict was sufficiently flexible to dispose of the case.
such a delict may also bring the entire claim for damages before the
in matters relating to tort, delict or quasi-delict, in the courts for the place where the harmful event occurred; .
The delict should be placed in the global context, which "confers its true meaning" (Debuyst, 19813) and which the same author calls "a problematic situation" and which, one the one hand, should take into consideration "the manner in which the individual lived and perceived different events, which could explain his way of reacting as imputable to the situation in which he is and to his way of interpreting it", and on the other hand, it should take into account the "position occupied by the delinquent in relation to other individuals, groups of individuals or institutions.
DATA INTERCEPTION RECORDS BETWEEN LAWFULNESS AND DELICT
in matters relating to tort, delict, or quasi-delict, in the courts for the place where the harmful event occurred or may occur.
In May, the Vatican's Congregation of the Doctrine of the Faith declared that "the acquisition, possession, and distribution of child pornography is a canonical delict that pertains to the sexual abuse of a minor.
parallel but was initially rejected by Kades and later inserted as an amendment during Diet deliberations, (4) is Article 17, which provides: "Any person who has been injured [damaged] by a delict [tortious act] of a public official shall be able to claim compensatory damages from the state or a public entity as provided by law.
A threat of force that is not correlated to some prior delict by the threatened party cannot conceptually be defensive; such a threat would simply be unlawful under Article 2(4).