Theme 1 Flashcards
What is Delict about?
Delict is about injuries being suffered by people and the law’s response in repairing those injuries.
How does the Continental trandtion define delict?
Continentals tend to define delict in terms of broad, general requirements that must be proven to establish liability for injuries.
How does JM Potgieter define delict continental?
As stated by JM Potgieter when defining the continental definition of delict, a delict is the act of a person that in a wrongful and culpable way causes harm to another.
What are the five elements of delict?
From this definition we can derive five general elements of delicts:
1. An act
2. Wrongfulness
3. Culpability
4. Causation
5. Harm.
How does the English tradition treat delict?
The English tradition of delict, they call delicts “torts”. The English casuistic approach treats different types of injuries differently on a case-by-case basis, each with its own requirments
In which judgment did the CC endorse the continental approach?
The Constitutional Court has endorsed the Continental approach in De Klerk it was stated that a delict comprises wrongful, culpable conduct by one person that factually causes harm to another person that is not too remote.
Which sources of law regulate delict?
- Constitutional law dealing with constitutional rights
- Statutory delicts governed by legislation
- African customary law (indigenous law) responds to injuries on a case-by-case basis, without any reference to concepts like wrongfulness, negligence or causation, sometimes with major variations between different cultural communities.
- The common law of delict is basically grounded in five elements.
What is delicts aim?
The law of injuries essentially aims to ensure corrective justice by stipulating the conditions for and consequences of reparatory liability for certain interpersonal rights infringements that do not necessarily arise from contractual arrangements or crimes.
What does delict regulate?
Delict regulates both the conditions for liability and the consequences of liability.
What is transformative injury law?
Transformative injury law is made of the law of injuries and transformative constitutionalism.
What is the core of transformative injury?
The core of transformative injury law involves a commitment to seeing the law of injuries serve as an area of law through which the Constitution’s ideals and aspirations can be promoted.
What is the single system of law principle?
The single-system-of-law principle means that all laws need to speak the language of the Constitution.
