delictual

Delictual harm is usually caused, if not always directly, by human conduct.

Conduct relates to overt behaviour, so that thoughts, for example, are not delictual.

There are, as has already been noted, three main delictual remedies:

In suitable cases, delictual damages may also be claimed.

It is possible that a single set of facts may give rise to both a contractual and a delictual claim.

They may be divided into three distinct categories: real, delictual and unjustified-enrichment remedies.

The actio ad exhibendum is a general personal action with a delictual function.

As for the State's duty to protect persons from violent crime, there are a number of suggestive delictual cases.

The various delictual actions are not mutually exclusive.

The former is a restorative proprietary remedy, whereas the latter is a delictual one.

Despite the contractual context, the damages are delictual in character and are assessed according to the party's negative interest.

The claimant should keep contractual damages separate from delictual damages.

The actio ad exhibendum, which is a delictual remedy, usually does include a claim for damages.

Accountability relates to overt behaviour (Thoughts cannot be delictual.)

Delictual conduct includes positive acts and omissions and statements.

Delictual remedies offer the owner compensation or damages for interference with the exercise of his rights of ownership.

These damages, being delictual in character, are measured according to the plaintiff's negative interest and include compensation for consequential losses.

The delictual elements that have to be satisfied before a claimant can be successful are:

The delictual conduct required for a successful application of the action comes usually in the form of statements or positive conduct.

As a general rule, all claims can be ceded: contractual rights as well as delictual ones.

The applicable delictual action was the lex Aquilia, and all the essential elements of delict were present:

The delictual inquiry "is in fact a loss-allocation exercise, the principles and rules of which are set out in the law of delict."

The designation comprised a group of actions of no obvious similarity, classified by Justinian as analogous to delictual obligations.

A party can be held liable for delictual damages if he wrongfully creates the impression that performance is possible, and the other party suffers a loss.

The liability of a director is limited, however, to the company's contractual debts and liabilities, and therefore does not include delictual or statutory liability.