Deliktus

Deliktus is a legal term referring to a wrongful act or omission that causes harm to another person, for which the law provides a remedy. In essence, it is a civil wrong, distinct from a criminal offense, though some actions can be both delictual and criminal. The core elements of a delictus generally include a breach of a legal duty, causation, and damage.

The legal duty that is breached can arise from various sources, such as statutes, common law, or contractual obligations. For example, a driver has a duty to operate their vehicle with reasonable care. If they breach this duty by speeding and cause an accident, they may be liable for delictus. Causation means that the wrongful act or omission must have directly led to the harm suffered by the victim. The damage can be physical injury, property damage, financial loss, or reputational harm.

Remedies for delictus typically involve compensation for the injured party, often in the form of monetary damages. The aim is to restore the injured party, as much as possible, to the position they would have been in had the delictus not occurred. Different legal systems may have variations in the specific terminology and application of delictual liability, but the underlying principle of holding individuals accountable for harm caused by their wrongful actions remains consistent.