Deliktisch

Deliktisch is an adjective used in legal language, primarily in German-speaking jurisdictions, to describe matters related to a delict—an unlawful act or civil wrong. It denotes actions or circumstances that can lead to civil liability for damages independent of any contract.

Etymology and scope: The term derives from Delikt, itself from Latin delictum. In civil law, deliktische Haftung refers to liability for damages arising from a non-contractual wrongful act. This is distinct from vertragliche Haftung, which stems from a breach of contract. While an act can be both a delict and a criminal offense, deliktisch is usually applied in the context of civil liability.

Legal requirements: In many systems a delict involves (1) an unlawful act, (2) fault or another basis for liability, (3) a causal connection to the damage, and (4) actual damage. Some delicts impose liability without fault (strict or objective liability), such as Gefährdungshaftung or product liability, depending on the jurisdiction and the type of delict.

Examples: Common delict-based claims include bodily injury or property damage caused by negligence, defamation, and interference with personality rights.

Usage and scope: The term is widely used in German-speaking countries, including Germany, Austria, and Switzerland, to discuss non-contractual obligations. In practice, deliktische Haftung is contrasted with vertragliche Haftung. In English-language contexts, the comparable concept is tort liability or delict under civil law, with terminology varying by jurisdiction.