A body of rights, obligations, and remedies that is applied by courts in civil proceedings to provide relief for persons who havesuffered harm from the wrongful acts of others. The person who sustains injury or suffers pecuniary damage as the result of tortious conduct is known as the plaintiff, and the person who is responsible forinflicting the injury and incurs liability for the damage is known as the defendant or tortfeasor.
Three elements must be established in every tort action. First, the plaintiff must establish that thedefendant was under a legal duty to act in a particular fashion. Second, the plaintiff must demonstrate that the defendant breached this duty by failing to conform his or her behavior accordingly.Third, the plaintiff must prove that he suffered injury or loss as a direct result of the defendant's breach.
Delict, civil law. The act by which one person, by fraud or malignity, causessome damage or tort to some other. In its most enlarged sense, this term includes all kinds of crimes and misdemeanors, and even the injury which has been caused by another, either voluntarily oraccidentally without evil intention; but more commonly by delicts are understood those small offences which are punished by a small fine or a short imprisonment.
Delicts are either public or private;the public are those which affect the whole community by their hurtful consequences; the private is that which is directly injurious to a private individual.
A quasi-delict, quasi delictum, is theact of a person, who without malignity, but by an inexcusable imprudence, causes an injury to another.
2) Liability in the law of delict: fault based liability or strict liability?
It could bestated that if a person, without intent or negligence, causes damage to another person, there is generally no basis why that first person should compensate for the damage. It is found that according...