Glossary of Delict Law Terms

Introduction

This glossary provides definitions of key delictual terms in South African law. The terminology reflects the Roman-Dutch origins of the law of delict, with the Aquilian action, actio iniuriarum, and the action for pain and suffering forming the primary causes of action.

Key Terms

Damnum Iniuria Datum: Roman law term for loss wrongfully caused. This is the basis of the Aquilian action for patrimonial loss. The term encompasses both physical damage to property and pure economic loss.

Actio Iniuriarum: An action for the wrongful and intentional infringement of personality rights, including dignity, reputation, privacy, and feelings. The plaintiff must prove wrongful and intentional conduct causing infringement of a personality right.

Lex Aquilia: The Roman law on which the Aquilian action for patrimonial loss is based. The lex Aquilia originally applied to damage to property but has been extended to personal injury and, in certain circumstances, pure economic loss.

Fault (Culpa): The element of blameworthiness in delict, encompassing both intention (dolus) and negligence (culpa). The plaintiff must prove that the defendant acted with fault for liability to arise.

Wrongfulness: The element of delict requiring that the defendant’s conduct be wrongful according to the legal convictions of the community (boni mores). Wrongfulness is assessed objectively, considering constitutional values.

Causation: The link between the defendant’s conduct and the plaintiff’s harm. Factual causation is determined by the conditio sine qua non (but-for) test. Legal causation (remoteness) limits liability to consequences sufficiently connected to the conduct.

Conditio Sine Qua Non: Latin for “condition without which not.” The but-for test for factual causation: would the harm have occurred but for the defendant’s conduct?

Novus Actus Interveniens: A new intervening event that breaks the chain of causation, relieving the defendant of liability. The intervening event must be independent of the defendant’s conduct and unforeseeable.

Boni Mores: Latin for “good morals.” The test for wrongfulness, asking whether the defendant’s conduct conflicts with the legal convictions of the community.

Contributory Fault: Conduct by the plaintiff that contributes to their own harm, reducing the defendant’s liability. The Apportionment of Damages Act 34 of 1956 governs the reduction of damages for contributory fault.