An attribute of conduct or legal question

Question 1

Is wrongfulness an attribute of conduct?

Answer 1

No, it is not an attribute of conduct. Courts refer to wrongful conduct or unlawful conduct, and LOD does not punish conduct unless there are consequences that follow. Because purpose of delict is compensate not punish

Question 2

Is wrongfulness a legal question?

Answer 2

Yes, under normal circumstances the plaintiff must prove all elements of a delict, but with wrongfulness there is certain presumptions which operates (situations where conduct is prima facie wrongful). The defendant needs to raise a ground to rebut this presumption

Question 3

Position in the law of delict

Answer 3

Walker: “The act or omission by itself is not wrongful or delictual unless it brings about as an immediate consequence some harm to a legally protected interest of another person. The law of delict is concerned with harms, with wrongs to, or infringements of, the interests of others, not with the bare conduct whereby those harms come about”