Delict

In the most narrowly construed sense, delict is a Latin word (delictum = offence, wrong) and a legal term, which, in some civil law systems, signifies a willful wrong, similar to the common law concept of Tort though differing in many substantive ways. The law of delicts in civil law countries is usually a general statute passed by the legislature whereas Tort law in common law countries arises from Case Law. In addition, a delict is defined abstractly in terms of infringement of rights whereas in common law, there are many specific types of Torts.

Delict deals with the righting of legal wrongs in civil law, on the principle of Liability for loss caused by failure in the duty of care, whether deliberate or accidental. When considering pursuing a claim under delict, in Scots law, there are three criteria that have to be met; you have to establish that you were owed a duty of care, secondly you have to prove that that duty of care has been breached and lastly you have to show a causal link between the breach of care and the loss you have suffered.