1. Introduction - Delict

Front 1

What is the general principle for delictual liability at common law?

Back 1

Damnum Injuria Datum

Front 2

What is Damnum Injuria Datum

Back 2

The general principle for delictual liability at common law

Front 3

What is meant by damnum

Back 3

Loss, harm or invasion of a right

Front 4

What is the term for loss

Back 4

Damnum

Front 5

What is injuria

Back 5

A legal wrong

Front 6

What is the term for a legal wrong

Back 6

Injuria

Front 7

What is datum

Back 7

The causal link between a legal wrong and loss

Front 8

What is the term for the causal link between a legal wrong and a loss

Back 8

Datum

Front 9

What is culpa

Back 9

A generic term embracing all forms of fault

Front 10

What is the generic terms embracing all forms of fault

Back 10

Culpa

Front 11

What does a pursuer need to show on the part of a defender to continue a delictual action for damages

Back 11

culpa

Front 12

How may intentional fault be divided?

Back 12

Faults which intend harm to the victim and fault where the wrongful act is deliberately done.

Front 13

How may fault generally be divided?

Back 13

Intentional and unintentional faults

Front 14

What is meant by damnum absque injuria

Back 14

There is no liability for loss caused by conduct which is not wrongful

Front 15

What phrase means there is no liability for conduct which is not wrongful

Back 15

Damnum absque injuria

Front 16

What may remedies other than damages not require

Back 16

Culpa

Front 17

What form of delicts may have special rules on liability outwith the general principle

Back 17

delicts with strict liability

Front 18

What are the four broad headings for reparable interests?

Back 18

1. Protection of the person

2. Protection of liberty

3. Protection of personality interests

4. Protection of interests in property

Front 19

What are the seven problematic forms of loss?

Back 19

1. Economic loss

2. Loses arising from pure omissions

3. Loss caused by third parties

4. Losses arising from damage to others/the property of others

5. Psychiatric harm

6. Losses caused by public bodies excising statutory functions

7. Losses not clearly caused by a single source

Front 20

Whom may sue in delict?

Back 20

1. Victims.

2. Owners

3. Executors/executrices

4. Relatives of a deceased victim

Front 21

Whom may be sued in delict?

Back 21

1. The responsible defender, subject to rules on capacity

2. The defender's employer, principle, or partner where vicarious liability operates

Front 22

What are the types of remedy available in delictual actions?

Back 22

1.Damages

2. Interdict

3. Specific impliment

Front 23

How may types of damages be categorised?

Back 23

1. Solatium

2. Patrimonial losses

Front 24

What is solatium

Back 24

damages for affront or pain and suffering

Front 25

What are patrimonial losses?

Back 25

Tangible financial losses, property damage or financial loss

Front 26

What are damages for affront opr pain and suffering known as?

Back 26

Solatium

Front 27

What are damages for property damage or financial loss known as?

Back 27

Patrimonial loss

Front 28

What is the effect of an interict?

Back 28

Interdict enforces negative obligations

Front 29

What remedy is used to enforce negative opbligations?

Back 29

Interdict

Front 30

What is the use of specific performance?

Back 30

Enforcing positive obligations

Front 31

What is used to inforce positive obligations?

Back 31

Specific performance