Week 14: Intro to Delict Flashcards
What is a delict in Scots Law?
A delict is a civil wrong or wrongful act that causes harm to a person or their property (e.g., personal injury, damage to property).
What is the purpose of the law relating to delict?
The purpose of delict law is to regulate involuntary obligations imposed by law and to provide remedies when someone’s wrongful conduct causes harm.
What can an individual do if they suffer a delictual wrong?
They can seek a remedy through the civil courts to have the loss or injury compensated.
What does Walker say about the province of the law of delict?
Walker says delict is about legal duties to avoid harming others, and if harm is caused, there’s a duty to make reparation—to make good the loss.
What kind of conduct is actionable in delict?
Conduct that causes legally recognised loss can be actionable in civil court by a pursuer.
What is delict primarily concerned with?
Delict is about compensating harm, though not all losses are compensable.
What is the key general principle of delict?
The key principle is blameworthiness—is someone at fault for the wrongful conduct?
What is delict principally concerned with?
Delict looks at when a legal obligation (ex lege) arises from wrongful conduct—who is to blame?
When does delictual liability arise?
delictual liability arises when someone suffers actionable harm due to another’s wrongdoing.
Who is the pursuer in delict?
The pursuer is the person who suffered the loss or harm.
Who is the defender in delict?
The defender is the person who allegedly caused the loss or harm.
What does it mean if a delict is intentional?
Intentional means the defender meant to cause harm to the pursuer.
What does it mean if a delict is unintentional?
Unintentional means the defender didn’t intend harm, but harm still occurred.
How does delict differ from criminal law?
Delict involves civil wrongs and aims for compensation, while criminal law deals with criminal wrongs and focuses on punishment. Both aim to right wrongs, but their rules and outcomes differ.
What is the key distinction between delict and criminal law despite some overlap?
The key distinction is that criminal law punishes, while delict compensates.
How is delict different from contract law?
Delict deals with involuntary obligations, while contract law is about voluntary obligations. Both fall under the law of obligations.
Why is delict compared with tort law?
Delict is similar to tort law, which is the term used in England. Some English tort cases and principles still influence Scots law.
What is ‘culpa’ and why does it matter in delict?
‘Culpa’ means blameworthiness—are they to blame? The question is whether the person carried out wrongful conduct.
Can there be liability in delict without fault?
Generally, no—liability needs fault. The question to ask is: was there fault? But exceptions exist, like product liability.
What is strict liability and how is it an exception?
Strict liability means you don’t need to prove fault—the question becomes: is there a defect? If yes, liability can follow automatically.
What does ‘damnum injuria datum’ mean in delict?
It means “loss caused by a legal wrong.” We ask: was there a loss and was it caused by a legal wrong?
Is all loss a legal wrong in delict?
No—ask: was the loss caused by wrongful conduct? E.g., losing customers to a new supermarket isn’t a legal wrong.
In Kay’s Tutor v Ayrshire & Arran Health Board (1987), was the hospital liable for the child’s deafness after a penicillin overdose?
The question was whether the overdose caused the deafness. Though there may have been a breach, there was no proven causation, as the deafness could statistically have resulted from meningitis itself.
What is reparation in delict and what kinds of loss does it cover?
Reparation is making good the loss caused by wrongdoing—ask: what type of loss occurred? It can include physical, mental, property damage, or financial loss (not pure economic loss unless exceptions apply).
