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
Investors in People: CIOB achieves gold
Reflecting a commitment to employees and members.
Scratching beneath the surface; a guide to selection.
ECA 2024 Apprentice of the Year Award
Entries open for submission until May 31.
UK gov apprenticeship funding from April 2024
Brief summary the policy paper updated in March.
For the World Autism Awareness Month of April.
70+ experts appointed to public sector fire safety framework
The Fire Safety (FS2) Framework from LHC Procurement.
Project and programme management codes of practice
CIOB publications for built environment professionals.
The ECA Industry Awards 2024 now open !
Recognising the best in the electrotechnical industry.
Sustainable development concepts decade by decade.
The regenerative structural engineer
A call for design that will repair the natural world.
Buildings that mimic the restorative aspects found in nature.
CIAT publishes Principal Designer Competency Framework
For those considering applying for registration as a PD.
BSRIA Building Reg's guidance: The second staircase
An overview focusing on aspects which most affect the building services industry.
Design codes and pattern books
Harmonious proportions and golden sections.
Introducing or next Guest Editor Arun Baybars
Practising architect and design panel review member.
Quick summary by size, shape, test, material, use or bonding..