quasidelict

Quasidelict, also spelled quasi-delict, is a term used in civil-law jurisdictions to describe a non-contractual obligation that arises from fault or negligence and causes damage to another person. It regulates civil liability for harms inflicted outside of a contractual relationship, and is comparable to the tort concept in common-law systems. In many civil-law traditions, a quasi-delict obliges the responsible party to repair the harm by compensating the injured party, even when no contract exists between them.

The core elements of a quasi-delict typically include: (1) an act or omission by the wrongdoer; (2) fault or negligence in that act or omission; (3) actual damage or injury to another person; and (4) a causal link between the fault and the damage. Some systems distinguish between intentional fault and negligence, and may address issues such as foreseeability and duty of care. The liability is generally aimed at compensation for losses, not punishment, and there is usually no obligation to restore the exact prior state of affairs. Defenses can include lack of fault, lack of causation, or the presence of an intervening cause, and some jurisdictions apply contributory or comparative fault rules to reduce liability.

Jurisdictionally, quasi-delict is a cornerstone of non-contractual civil liability in many civil-law countries. In the Philippines, Article 2176 of the Civil Code governs quasi-delict: whoever by act or omission causes damage to another, there being fault or negligence, shall be obliged to pay for the damage done. In other systems, the concept may be integrated into broader delict or culpa extracontractual regimes, but the basic structure—fault, harm, and causation—remains central to recovery of damages.