delict

Delict is a civil wrong recognized by law that gives rise to liability for damages in many continental legal systems. It is the civil-law counterpart to the tort concept in common-law jurisdictions. In this context, delictual liability arises independently of a contractual obligation, from harm caused by one person to another.

A delict generally consists of several elements. There must be a wrongful act or omission, which is unlawful in the sense that it violates a legal duty or infringes another's rights. The actor must bear fault, which can be intentional (dolus) or negligent (culpa), though some systems recognize strict or objective liability where fault is not required. Causation links the act to the damage, and the claimant must suffer compensable harm.

Delicts can be categorized by the mental state or the type of fault—intentional delicts, negligent delicts, and, in some jurisdictions, strict-liability delicts. The precise formulation of elements and defenses varies across jurisdictions, reflecting differences in how fault, causation, and unlawfulness are treated.

Remedies for delictual liability typically include compensation for damages and, in some systems, restitutio in integrum to restore the claimant to the position before the wrong. Other remedies may include injunctions or specific performance. Defences include consent, self-defense, necessity, illegality, contributory negligence, and intervening causes, among others.

In practice, delict operates as a core mechanism for protecting personal and property rights, balancing individual autonomy with the obligation not to cause harm, and forming the basis for civil compensation outside contractual relationships.