— Also termed (in Roman law) delictum; (in French law) délit. [Cases: Torts
1. C.J.S. Torts §§ 2–7.]
“A delict is a civil wrong. It is an infringement of another’s interests that is wrongful irrespective of any prior contractual undertaking to refrain from it — though there may also be one. It entitles the injured party to claim compensation in civil proceedings — though criminal proceedings aimed at punishing the wrongdoer may also ensue.” 1 P.Q.R. Boberg, The Law of Delict 1 (1984).
private delict. A wrong regarded primarily as a matter of compensation between individuals.
public delict. A wrong for which the community as a whole takes steps to punish the offender. Cf. public tort under TORT.
quasi-delict.
1. Roman law. A residuary category of private wrongs, characterized by either vicarious or strict liability.
“QUASI-DELICT…. Justinian enumerates four cases of obligations said to arise quasi ex delicto. The implication seems to be that in all of them the law creates a liability though the defendant may not in fact be to blame. The cases are the following: — (1) The judge who ‘makes the case his own’ … incurs a penalty fixed by the magistrate at discretion …. (2) If anything was thrown, or poured, from an upper room … the occupier was liable for double the damage …. (3) If a thing was kept placed or suspended over a way used by the public … there was a penalty … which might be recovered from the occupier …. (4) Ship-owners, innkeepers and stable-keepers were liable for damage or theft committed by slaves or free persons in their employ ….” R.W. Lee, The Elements of Roman Law 401–02 (4th ed. 1956).
2. See quasi-offense under OFFENSE(2).
3. Scots law. Tortious conduct that is negligent, as opposed to intentional.
