delictbased

Delictbased refers to liability that arises from a delict, a civil wrong defined by law as an unlawful act or omission that causes injury to another person, independent of any contract. The term is commonly used in civil-law jurisdictions that distinguish non-contractual obligations (delicts) from contractual obligations. In many systems, delictbased liability is the standard framework for damages arising from everyday harms such as negligence, defamation, or nuisance, rather than from a breach of contract.

Core elements typically required for delictbased liability include unlawfulness (the conduct violates a legal duty or infringes a protected interest), fault (the actor’s intention or negligence), causation (the conduct caused the harm), and damage (actual loss or injury). Some jurisdictions recognize strict or objective liability for certain delicts or activities, where fault may be presumed or not strictly required, while others retain fault as a central element.

Delictbased liability is often contrasted with contract-based liability, which arises from breach of a contract and depends on the existence and terms of a contractual relationship. In this sense, delictbased claims address harms outside of private agreements. Remedies typically involve damages to compensate the injured party, though other forms of relief such as restitution or injunction may be available.

Notable applications occur in continental European systems (for example, the concept of “unlawful act” or delict in Dutch and Belgian law) and in jurisdictions like South Africa, where delict is the primary route for non-contractual liability. The term helps distinguish non-contractual tort-like claims from contractual remedies.