delikts

Delikts, or Delikte in German, refers to civil wrongs under civil-law systems that give rise to liability for damages. A delict is a harm caused by an unlawful act or omission, distinguishing civil liability from criminal punishment. The concept is central in many continental jurisdictions, including Germany, Austria, and Switzerland, where delict liability is a core part of the civil code.

The core elements of a delict typically include: an act or omission that harms another person; unlawfulness, meaning the conduct violated a legal duty or the rights of someone else; fault, such as intent or negligence, though some regimes impose liability without fault in certain situations (strict liability); a causal link between the conduct and the damage; and actual damage, which can be personal injury, property damage, or financial loss.

Delicts cover a range of harms, including bodily injury, property damage, defamation, and economic loss. Remedies usually consist of monetary compensation for actual losses, including medical costs, lost earnings, and, in some jurisdictions, compensation for non-material harm like pain and suffering. In addition, courts may grant injunctions, restitution, or other measures to prevent ongoing harm or to restore the injured party to the prior situation.

Delikt liability is distinct from criminal liability and from contract-based liability. It can arise independently of a contract and may involve vicarious liability, product liability, or statutory regimes. The field of delict law (Deliktsrecht) governs how and when such civil wrongs lead to damages.