Delict

In Scots and Roman Dutch law, it always refers to a tort, which can be defined as a civil wrong consisting of an intentional or negligent breach of duty of care that inflicts loss or harm and which triggers legal liability for the wrongdoer.

In addition, a delict is defined abstractly in terms of infringement of rights whereas in common law, there are many specific types of torts (English terminology).

In modern times much of the literature on delict, and most case law heard before the courts, deals with issues arising from negligence.

The requirements to establish liability for nominate delicts will depend on bespoke rules, while reparation for non-patrimonial injury (e.g., affront caused by intentional wrongdoing) is afforded in line with the principles of the Roman actio injuriarum.

Under § 823 BGB, damages can be based on harm inflicted either on an erga omnes right (absolute Rechtgut) such as life, bodily autonomy, health, freedom and ownership, or on the violation of a law protecting a certain legal interest.

Under this provision, someone who intentionally inflicts harm on another person contra bonos mores (gegen die gute Sitten) is liable for damages.

This widens the scope of delictual liability not just to the infringement of rights (as in French law) but also to pure economic loss (echter/reiner Vermögensschaden).