Introduction to Delict

Question 1

Damnum injuria datum

Answer 1

Loss wrongfully caused (obligation arises)

Question 2

Damnum absque injuria

Answer 2

Loss without wrongful conduct (does not give rise to an obligation)

Question 3

Injuria sine damno

Answer 3

Legal wrong without proof of actual loss (does not give rise to an obligation)

Question 4

Culpa

Answer 4

‘Fault’: must be established to give rise to obligation
‘What is required is a deliberate act or negligence or some other conduct from which culpa or fault may be inferred’ Kennedy v Glenbelle Ltd 1996

Question 5

Personal liability

Answer 5

One person/party suing another for damages

One individual responsible

Question 6

Joint/several liability

Answer 6

s3(1) Law Reform (Miscellaneous Provisions) (Scotland) Act 1940

Reparation of damages can be shared between individuals at the discretion of the court/judge. Parties can claim back from others they feel also responsible.

Question 7

Vicarious liability

Answer 7

Someone may be held liable for the actions/omissions of another person if it is their duty to prevent such conduct if that party
E.g. An employer can be held liable for an employee whose conduct should have been prevented

Question 8

Structure of delict

Answer 8

Intentional delicts: persons, property, economic delicts

Defamation

Unintentional delicts

Specific topics