Delict
Contents |
[edit] Introduction
The term ‘delict’ (Latin ‘delictum’ – something showing fault) is one that centres around the notion of a wilful wrong under civil law – a wrongful act that is either intentional or constitutes a negligent breach of duty of care, as a result of which loss or harm has been inflicted on a third party. Further, the wrongdoer is legally liable for the act committed.
[edit] Civil and criminal wrongs
Because a delict is a civil wrong (as opposed to a criminal wrong), the wrongdoer may, if found guilty, be required to pay damages to the party whose interests have been harmed. For a criminal wrong, the wrongdoer may be punished by a custodial sentence or community service. NB It is also possible to commit a criminal and a civil wrong by the same act.
Delict – similar to ‘tort’ in English law but wider in scope because its adverse consequences may be considered as affecting the whole community – is used in Roman law, Scots law and other civil legal systems such as those in France, Germany and South Africa.
Delicts can be private (injurious to a private individual) and public (affecting the whole community). They may include:
- Breach of duty of care.
- Breach of contract.
- Breach of trust.
- Fraud.
- Assault.
- Defamation
[edit] Quasi delict
The term 'quasi delict' is used to refer to a negligent act or omission committed without malice, though not legally excusable, which results in harm or damage to an individual or to the property of another. For example, an individual who neglects the affairs of the community when their duty was to attend to them may be punishable and liable under civil law in the same way as if the act or omission was intentional.
[edit] Related articles on Designing Buildings Wiki
Featured articles and news
A long term view on European heating markets
BSRIA HVAC 2032 Study.
Humidity resilience strategies for home design
Frequency of extreme humidity events is increasing.
National Apprenticeship Week 2025
Skills for life : 10-16 February
Update on the future of Grenfell Tower
Deputy Prime Minister decides for it be carefully taken down to the ground.
Ending decades of frustration, misinformation and distrust.
Essential tools in managing historically significant landscapes.
Classroom electrician courses a 'waste of money'
Say experts from the Electrical Contractors’ Association.
Wellbeing in Buildings TG 10/2025
BSRIA topic guide updates.
With brief background and WELL v2™.
From studies, to books to a new project, with founder Emma Walshaw.
Types of drawings for building design
Still one of the most popular articles the A-Z of drawings.
Who, or What Does the Building Safety Act Apply To?
From compliance to competence in brief.
The remarkable story of a Highland architect.
Commissioning Responsibilities Framework BG 88/2025
BSRIA guidance on establishing clear roles and responsibilities for commissioning tasks.
An architectural movement to love or hate.
Don’t take British stone for granted
It won’t survive on supplying the heritage sector alone.
The Constructing Excellence Value Toolkit
Driving value-based decision making in construction.