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The Law of Delict

In: Business and Management

Submitted By leo44
Words 1551
Pages 7
The term of delict is borrowed from Latin delictum which means offence or wrong. The general principles of delict include: damnum injuria datum, duty of care and neighbourhood principle, reasonableness, and culpa.
The law of delict is a part of civil law, and it is based on a concept Damnum Injuria Datum – loss caused by a wrongful act. It focuses on the liability for loss, personal injury or damage to property caused by wrongful acts, whether intentional or accidental.
The most common form of delict is negligence – a harm caused unintentionally by carelessness act. It is a failure in taking a reasonable care that should be exercised by a reasonably prudent person.
In order the negligence claim to become successful certain criterions must be met. Firstly, it must be showed that the defendant has owed a duty of care to the victim. Duty of care is a legal responsibility, and it means that everybody must act within a certain standards towards certain people in certain situations. It includes the ability to prevent a foreseeable harm to a victim.
This principle was defined by case Donoghue v Stevenson (1932). In this case Mrs Donoghue suffered serious gastric problems after consuming a bottle of a ginger beer which contained a decomposing snail in it. The victim did not buy this drink herself, which means that there was no contract with the café owner. Thus, she could not sue the café owner for her harm. Instead, she sued manufacturer for delict. It was held by the House of Lords that the manufacturer did owe a duty of care to customers.
This case established also another important principle of delict: The Neighbourhood Principle, which refers to a duty of care to our neighbour. Term of neighbour was defined by the Lord Atkin - persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected

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