quasidélit

Quasidélit, also written quasi-délit or quasi-delitto in some languages, is a legal concept used in civil-law systems to describe civil liability for harm caused outside of a contractual relationship. It denotes a non-contractual obligation to compensate damage resulting from the fault of another person or entity.

Definition and elements: A quasidélit requires (1) fault or fault-like conduct (faute), meaning a deviation from a reasonable standard of care or intentional wrongdoing; (2) damage suffered by a victim; and (3) a causal link showing that the fault caused the damage. Some jurisdictions consider foreseeability or a specific standard of care as part of the fault requirement. The remedy is typically civil damages intended to restore the victim to the position they would have occupied absent the harm.

Relationship to other liabilities: Quasidélit stands apart from contractual liability, which arises from breach of contract, and from criminal liability, which results in state punishment. In many English-language discussions, the concept is aligned with tort law, though precise framing can differ across jurisdictions.

Scope and examples: The category covers harms caused by negligence, imprudence, or intentional acts outside of any contract, such as personal injury from a car accident or property damage caused by a faulty product. It also accommodates professional negligence and other non-contractual harms. Some jurisdictions separate strict liability scenarios from fault-based quasidélits.

Defenses and limits: Common defenses include absence of fault, lack of causation, intervening acts, consent, or contributory negligence. Damages may include economic losses and, in some systems, non-material damages.

Etymology and usage: The term derives from quasi- plus délit (delit is crime in French); in English scholarship it is often rendered as tort or civil wrong. The exact scope varies by country and codification.