Delict

Delictual law deals with the circumstances in which one person can claim compensation from another for harm that it has suffered or, in other words, ‘wrongful and blameworthy conduct which causes harm to a person’. The classic remedy for a delict is compensation i.e. a claim for damages for the harm caused. If this harm takes the form of patrimonial loss, one uses the Aquilian action, if pain and suffering is associated with bodily injury, a separate action arises, similar to the Aquilian action but of Germanic origin or if the harm takes the form of injury to a personality interest (an iniuria), the claim is made in terms of the actio iniuriarum.