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South African law of delict
The South African law of delict engages primarily with "the circumstances in which one person can claim compensation from another for harm that has been suffered."〔Loubser, et al. 2009, p. 4.〕 JC Van der Walt and Rob Midgley define a delict "in general terms () as a civil wrong," and more narrowly as "wrongful and blameworthy conduct which causes harm to a person."〔Van der Walt and Midgley 2005, par. 2.〕 Importantly, however, the civil wrong must be an actionable one, resulting in liability on the part of the wrongdoer or tortfeasor.〔The terms "delict" and "tort" are synonymous and interchangeable, the only difference being that "delict" is used in civil law or European systems and those linked to Roman law (like South Africa and Scotland), while "tort" is used by systems based on English common law.〕
The delictual inquiry "is in fact a loss-allocation exercise, the principles and rules of which are set out in the law of delict."〔Loubser, et al. 2009, p. 4.〕 The classic remedy for a delict is compensation: a claim of damages for the harm caused. If this harm takes the form of patrimonial loss, one uses the Aquilian action; if pain and suffering associated with bodily injury, a separate action arises, similar to the Aquilian action but of Germanic origin; finally, if the harm takes the form of injury to a personality interest (an ''injuria''), the claim is made in terms of the ''actio injuriarum''.
== Sources ==
Delict in Roman law fell under the law of obligations.〔"When a delict has been committed, one person is obliged to compensate another for harm that has been suffered" (Loubser, ''et al''. 2009, p. 4).〕 Roman-Dutch law, based on Roman law, is the strongest influence on South Africa's common law, where delict also falls under the law of obligations. As has been pointed out, however,
In contrast to the casuistic approach of the Roman law of delict, the South African law of delict is based () on three pillars: the ''actio legis Aquiliae'', the ''actio iniuriarum'' and the action for pain and suffering. Unlike the last-mentioned action which developed in Roman-Dutch law, the first two remedies had already played an important role in Roman law.〔Neethling, et al. 2003, p. 8.〕
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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