a “delict” as either intention or negligence.
1. Explain what a delict is.
A delict is a situation in which a person who is in the wrong causes harm or damage to
another person. This could be intentional or unintentional(neglect).
2. Answering the question.
A delict refers to a situation whereby a person who is in the wrong causes harm or damage
to another person. This could be intentional or unintentional(neglect). In this context, a
delict comes in two forms, intention or negligence. When an unlawful act is done
intentionally, it means that the wrongdoer knew what they were doing was going to cause
harm or damage to someone else but they still went ahead in did it not minding the
consequences. In terms of negligence, the wrongdoer unintentionally caused harm or
damage to someone else due to their failure to exercise reasonable care. Being at fault is
a crucial component in both cases, to establish who was wrong and how much they are
wrong as well as how their wrongdoing caused harm to the next person. In cases of
negligence, the plaintiff must demonstrate that the defendant owed a duty of care and
caused harm or damage, while in intentional cases the wrong action should be obvious
that the defendant attacked the plaintiff intending to, cause bodily harm. This all proves
that whether deliberate or through negligence the element of fault is essential to determine
whether or not the defendant's conduct meets legal standards for intention or negligence
to establish liability within the framework of a delict.
• Explain the meaning of the term “Damage” in
delict. Give examples from case law.
, 3. What is meant by the term damage in a delict?
A damage in a delict refers to harm or loss suffered by an individual as a result of
someone’s wrongful conduct. The type of harm can be categorized into three categories:
financial loss which is classified as a patrimonial loss, then there is emotional or
psychological harm which is classified as non-patrimonial harm lastly there is financial loss
without physical injury which is classified as pure economic loss.
What is Patrimonial Loss?
Patrimonial loss is when something you own loses value or when you lose something that
belongs to you. Imagine you have a favorite toy, like a teddy bear. If you accidentally drop
it in the mud and it gets all dirty, it might not be as nice to play with anymore. That means
your teddy bear has lost some of its value because it’s not as fun to use now.
Real-Life Examples
1. Broken Toys: Let’s say you have a toy car that you love. If it breaks and can’t roll
anymore, you can’t play with it like before. This is a kind of patrimonial loss because
the toy isn’t worth as much to you now.
2. Lost Money: Imagine you had some money saved up for candy, but then you lost it at
the park. Now, you can’t buy the candy you wanted, so you've lost something valuable
to you. That’s another example of patrimonial loss!
So, patrimonial loss is about losing things that are important to us or
when they don't work as well as they used to.
What is Non-Patrimonial Loss?
Non-patrimonial loss is when you lose something that doesn’t have a price tag, like feelings
or experiences. It’s about things that are important to you but can’t be measured in money.
Real-Life Examples
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