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
We're expanding our collaborative mission by launching DB Intelligence, an exclusive market research advisory panel. Built environment professionals can now get paid to share their expertise on industry trends, products and services.
Panel members receive direct financial incentives for participating in research projects like short surveys, 1-2-1 interviews and focus groups. Register today to shape the future of the construction sector.
Planning condition discharge in England and Wales
A brief exoplanation from a building compliance expert, with further links.
Overheating guidance and tools for building designers
Guidance for dealing with element of building fabric control that have increasing importance.
Shading for housing, a design guide
From the Good Homes Alliance and British Blind and Shutter Association.
UK Standard Skills Classification (SSC)
A shared framework for describing skills needs.
Social media ban consultation comes to close
CIOB urges UK Government to consider social media’s role in careers guidance in ban debate.
The latest of eight Skills England apprenticeship units
The addition of battery manufacturing welcomed by ECA with a warning about the risks of fast-tracked apprenticeship units.
Building Control Independent Panel final report
A precis of a key report led by Dame Hackitt with full recommendations and link to the government response.
Building Safety recap April, 2026
A short and longer run-through of the month, with links to further information and sources.
CIAT May 2026 briefing.
From medieval scribes to modern word art.
ECA welcomes crackdown on late payment and push for clean energy, whilst CIOB seek fixed cladding removal timeframes.
Cyber Security in the Built Environment
Protecting projects, data, and digital assets: A CIOB Academy TIS.
Managing competence in the built environment
ITFG publishes new industry guide on how to meet the ICC principles.
The UK's campaign to reduce noise pollution: Mythbusting, articles and topic guides.