Delictual Claims

The South African law of delict involves circumstances in which one person can claim compensation from another for harm that has been suffered. Delictual liability is concerned with damages suffered by a person resulting from a wrongful act or omission of another, for which that person is entitled to compensation in terms of our common law.

The most common and all-encompassing definition of the law of delict is a “civil wrong”. More narrowly a delict is defined as “wrongful and blameworthy conduct which causes harm to a person”. Delictual claims typically arise in medical negligence and personal liability cases where people’s health or reproduction is harmed. It covers professional negligence such as that of engineers or auditors. It would include damage caused to property from fires or motor vehicle collisions, or harm to businesses through conduct that is harmful such as unfair business practices. It also damage caused to the reputation of people and trading entities.