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 ?
Whether fighter X would be liable to fighter Y for damages in delict consequent upon his infecting fighter Y with HIV.
In some systems, the matter is regulated by statute, (3) while there are attempts in other systems to afford protection within the confines of existing common law measures of mainly the law of tort or delict.
For instance, Article 5(3) of the EC Regulation establishes that jurisdiction can be established "in matters relating to tort, delict or quasi-delict, in the courts for the place where the harmful event occurred or may occur.
691 (2004) (pointing out problems with substance/procedure distinction in tort and delict and advocating a new perspective).
We immediately see some part of the exegetical problem: Ham commits the delict but it is his son (actually one of his sons), Canaan, who is cursed with the burden of servitude (what sort of primitive patriarchal prohibition declared that seeing a father's nakedness was punishable by this extreme--if indirect--penalty is not a topic Goldenberg takes up, though I suspect that there must be rabbinical comment on this situation of sexual taboo).
The American law of torts is based upon the common law, whereas the European law of torts, or delict, (24) is really a residual category of noncontractual relations.
FRIER, A CASEBOOK ON THE ROMAN LAW OF DELICT 3-6, 177-200 (1989).
Specifically, if the United States' action against Nicaragua (attacks on its ports and oil installations) necessarily constituted a disproportionate response to Nicaragua's action against El Salvador (the provision of arms and assistance to anti-government rebels), then an even graver action against Afghanistan (invasion and the overthrow of its government) necessarily constitutes an even more disproportionate response to its lesser delict (passively providing a safe haven for terrorists but not supplying arms or other support).
The 1948 Convention on the Prevention and Punishment of the Crime of Genocide formally anointed the crime of genocide as an international delict and imposed obligations on states to prevent and punish this crime.
clearly a vague crime, a catch-all for the dishonest, comparable with the delict of dolus, Paul described stellionatus as a means of persuading someone to hand his property to another.
Any breach of an international obligation which does not fall within this definition of an international crime constitutes an international delict.