Introduction

Question 1

Define a delict, including all of its elements.

Answer 1

A delict is the wrongful and culpable conduct of a person that causes another person harm. All five elements must be present:

1) act (voluntary; commission or omission; deeds or words)
2) wrongfulness (unlawfulness)
3) fault (negligent or intentional)
4) causation (factual – ‘but for’ test – and legal – sufficient causal link (non-remoteness))
5) harm (economic; non-patrimonial; pain and suffering)

Question 2

Distinguish delict from breach of contract

Answer 2

Delict is aimed at damages, whilst breach of contract is aimed at fulfillment. Obligations in delict are not voluntarily undertaken, whereas contractual obligations are.

Question 3

Distinguish delict from crime

Answer 3

Delict is aimed at compensating an aggrieved party, usually an individual, whilst criminal sanction is aimed at punishing a person or people for transgressing a public interest. Delict is therefore a civil wrong.