Delict Flashcards
(17 cards)
What is a Delict?
A delict is a ‘civil wrong’
Essentially, a person commits a delict if they do something to cause harm to another person.
What are the types of delictual remedies based on the harm suffered?
- Aquilian action for patrimonial harm
- Action for pain and suffering for non-patrimonial harm
- Actio iniuriarum for infringement of personality rights
What are the elements of a delict?
- Wrongful act
- Blameworthy state of mind (negligence or intention)
- Causation
- Damage
What is the purpose of Aquilian action?
To claim patrimonial (monetary) damages and put the plaintiff back in the same financial position as before the delict
Patrimonial damages can be calculated precisely.
What must be proven in an Aquilian action?
- Wrongful act
- Blameworthy state of mind (fault)
- Causation
- Harm (patrimonial loss)
What is the aim of the action for pain and suffering?
To claim non-patrimonial damages such as pain, suffering, disfigurement, disability, and loss of amenities of life
Non-patrimonial damages cannot be calculated precisely.
What must be proven in an action for pain and suffering?
- Wrongful act
- Blameworthy state of mind (fault)
- Causation
- Harm (non-patrimonial)
What is actio iniuriarum?
A claim for non-patrimonial damages for infringement of personality rights
Examples include reputation, privacy, dignity, bodily integrity.
What must be proven in actio iniuriarum?
- Wrongful act
- Blameworthy state of mind (fault)
- Causation
- Harm (injury to personality rights)
What are some other delictual remedies?
- Fraud for patrimonial loss caused by fraudulent misrepresentation
- Theft for patrimonial loss caused by stealing property
What does ‘fault’ refer to in delictual liability?
‘Fault’ is almost always a requirement and can take the form of:
* Negligence
* Intention
What forms can intention take in delictual liability?
- Dolus directus (direct intention)
- Dolus indirectus (indirect intention)
- Dolus eventualis
What is negligence in the context of delictual liability?
A test that determines if a person was negligent based on objective standards
What is Dolus directus?
Direct intention to cause harm, such as aiming at John and shooting him
What is Dolus indirectus?
Indirect intention, knowing harm will come to others, such as throwing a bomb knowing it will kill someone
What is Dolus eventualis?
When a person foresees possible harm but decides to proceed anyway
True or False: Strict liability delicts require fault.
False
Strict liability delicts do NOT require fault.
