Week 14: Intro Flashcards
What is a delict in legal terms?
A delict is a civil wrong or a wrongful act that could cause harm to a person or property. It involves a breach of duty that leads to injury or damage.
What are the circumstances in regard to a delict?
The circumstances of a delict involve when a duty of care is owed, meaning a person has an obligation to take reasonable care to avoid actions or omissions that could cause injury or harm to another person.
What does reasonable care mean in the context of a delict?
Reasonable care means taking actions or avoiding omissions that could potentially cause injury or harm to others. It is the standard expected to prevent harm to individuals or their property.
What happens when a duty of care is owed but not complied with?
If a duty of care is owed and not complied with, the party who has been harmed (whether injured or having property damaged) may be entitled to compensation or reparation for the resulting harm or damage.
What is the difference between obediential and conventional obligations?
Obediential obligations are imposed by law, such as the duty not to cause harm in a delict. Conventional obligations, on the other hand, are voluntary obligations, like those made when entering into a contract.
What is the purpose of the law of delict?
The law of delict imposes an obligation not to cause unjustifiable harm to another person or their property. This obligation is imposed by law, unlike voluntary obligations in contracts.
When referring to delict, we refer it to being?
When referring to delict, we refer it being obediential/involuntary - in the sense that it is not something that we choose
- Been an obligation that has been imposed by the law
