Tort law (2022): Defenses (Part Three)

Elements of delict

The elements of a delict as follows: The elements of harm and conduct are fact-based inquiries, while causation is part-factual and part-normative, and wrongfulness and fault are entirely normative: that is, value-based, in that they articulate a wider societal policy perspective. Delict is "inherently a flexible set of principles that embody social policy."

harm sustained by the plaintiff;

conduct on the part of the defendant which is wrongful;

a causal connection between the conduct and the plaintiff's harm; and

fault or blameworthiness on the part of the defendant.

Elements of delict

The elements of a delict as follows: The elements of harm and conduct are fact-based inquiries, while causation is part-factual and part-normative, and wrongfulness and fault are entirely normative: that is, value-based, in that they articulate a wider societal policy perspective. Delict is "inherently a flexible set of principles that embody social policy."

harm sustained by the plaintiff;

conduct on the part of the defendant which is wrongful;

a causal connection between the conduct and the plaintiff's harm; and

fault or blameworthiness on the part of the defendant.