Delicts

Delicts are civil wrongs recognized in many civil-law jurisdictions that give rise to liability for harm caused to another person in the absence of a contract. The word comes from Latin delictum, meaning an offence or fault.

To be actionable, a delict typically requires a combination of elements: fault or unlawfulness (intentional or negligent conduct, sometimes strict liability), damage or loss suffered by the plaintiff, and a causal link that connects the conduct to the damage. In many codes, a justification or defense (such as consent, necessity, or self-defense) can negate liability, and some systems include a requirement of illegality.

Delicts are distinguished from contractual obligations; when liability arises from a breach of contract, it is not a delict. In some jurisdictions, there is also the category of quasi-delict (or non-contractual liability) which arises from fault that causes harm even without a contract.

Remedies typically consist of damages designed to restore the injured party to their position before the wrong, including compensation for loss and, in some cases, interest or restitution; courts may also grant injunctions or specific performance to prevent ongoing harm.

Relation to tort: The concept is akin to the tort in common-law systems, though the exact formulation and terminology vary. In French, Belgian, and other civil-law systems, delict (délit) is the standard term for non-contractual civil liability; quasi-delict (quasi-délit) covers certain non-contractual but fault-based liability.