https://legal.excellentwiki.com/south-africa/tort-law/Recent content in Tort Law on ExcellentWiki - Legal EncyclopediaHugoen-USTue, 07 Jul 2026 00:00:00 +0000https://legal.excellentwiki.com/south-africa/tort-law/south-africa-tort-law/Tue, 07 Jul 2026 00:00:00 +0000https://legal.excellentwiki.com/south-africa/tort-law/south-africa-tort-law/<h2 id="introduction">Introduction</h2> <p>The South African law of delict (the equivalent of tort law in common law systems) governs civil liability for wrongful conduct causing harm. Rooted in Roman-Dutch law, the law of delict has been influenced by English common law and transformed by the Constitution. The primary actions are the Aquilian action (for patrimonial loss), the actio iniuriarum (for injury to personality), and the action for pain and suffering.</p> <h2 id="the-aquilian-action">The Aquilian Action</h2> <p>The Aquilian action, derived from the Roman lex Aquilia, provides a remedy for the wrongful and culpable causing of patrimonial damage. The elements of Aquilian liability are: conduct (a voluntary act or omission), wrongfulness, fault (intention or negligence), causation (factual and legal), and damage. The Aquilian action is the primary remedy for claims involving property damage, pure economic loss, and personal injury resulting in financial loss.</p>