Delict Law

Business Contractual Relationships

Question 1

A) Delict is a civil/legal wrong resulting in a harm ,for example, physical, financial or emotional, allowing the pursuer a legal remedy like damages or interdict against the defender. Delict is a part of the Law of Obligations and it can be voluntary (contracts) or ex lege (by operation of law). There are many types of delict, for example, civil/criminal, assult, fraud, murder, negligence, nuisance, misrepresentation etc. It happens when a defender voluntarily commits a wrongful act or falls to meet the standards of duty of care. Culpa is a moral idea that delict depends on and it means that the defender is at fault. Culpa indicated evidence of “morally reprehensible” types of delict. It revolves around the concept “Damnum Injuria Datum” which means loss wrongfully caused. Damnum means loss or injury suffered by the pursuer. Injuria means conduct of the defender amounting to a legal wrong. Datum is a link between injury and conduct. There is no culpa without datum which means that if there is no link between the injury and the conduct there is no fault. Damnum Injuria Datum must be present before there is liability for a delict.

B) Negligence is the most common type of delict and it occurs when a person unintentionally commits a wrongful deed. This person will only be liable for his/her deed if the elements below can be proved by the pursuer

* The duty of care was owed to the injured person

* The duty of care was breached

* The breach of duty caused injuries

* The link between the harm and the breach was not too remote

Duty of care is a legal obligation to a person who is directly or closely affected by your actions to avoid any foreseeable acts that may cause harm to this person. The basis to the duty of care was set out in the Donohue v Stevenson case 1932 SC(HL) 31 . Mrs Donoghue went to Francis Michella’s Café in Paisley with her friend who ordered an iced drink for her which consisted...