Delictual Claims
The Law Of Delict
The law of delict is a foundational pillar of civil law that governs wrongful acts causing harm to individuals, property, or reputations, entitling victims to compensation. It operates on the principle that those who intentionally or negligently inflict damage must redress it, requiring proof of four key elements: wrongful conduct (a breach of legal duty), fault (intent or negligence), causation (a direct link between the act and harm), and actual damage (financial, physical, or reputational loss). Delict covers diverse scenarios, including negligence (e.g., car accidents, medical errors), intentional harm (assault, fraud), defamation (false statements damaging reputation), property damage, privacy violations, nuisance (e.g., pollution), and vicarious liability (employer responsibility for employees’ acts). Unlike criminal law, which punishes offenders, delict focuses on compensating victims through damages or court orders, though it intersects with other legal areas like contract law (where breaches cause harm) and constitutional law (e.g., delictual claims for rights violations). Its fault-based framework ensures accountability while balancing individual freedoms, with exceptions like strict liability in cases involving dangerous animals or hazardous activities. Whether addressing personal injury, economic loss, or reputational harm, delict law provides a structured path to justice for wrongful acts.
What We Do
Property damage Claims
Property damage claims involve harm to tangible assets (e.g., vehicles, homes, or belongings) caused by another party’s negligence or intentional acts. These claims require proving a direct link between the defendant’s actions and the damage. Common cases include car accidents, vandalism, and negligent maintenance.
How We Can Assist
- We investigate the cause and gather evidence (photos, witness statements, expert reports).
- We quantify losses (repair costs, diminished value).
- We negotiate fair compensation with insurers or liable parties.
- We file civil lawsuits if necessary.
- We defend against fraudulent or exaggerated claims by disputing evidence or proving contributory negligence.
Defamation Claims
Defamation occurs when false statements (spoken—slander; written—libel) harm a person’s reputation. To succeed, claimants must prove the statement was false, communicated to a third party, and caused reputational or financial damage. Key defenses include truth, fair comment, or privilege (e.g., parliamentary proceedings).
How We Can Assist
- Evaluate whether a statement meets the legal criteria for defamation.
- Advise on case viability and legal strategies.
- Draft cease-and-desist letters and negotiate retractions or settlements.
- Litigate defamation claims in court.
- Defend clients by proving truth, lack of malice, or privilege—particularly in media or public figure cases.
Negligence & Liability Advice
Negligence arises when a defendant breaches a duty of care, causing foreseeable harm (e.g., car accidents, medical malpractice, slip-and-fall injuries). Success requires proving fault, causation, and damages. Businesses also consult us to mitigate liability risks through safety protocols and contracts.
How We Can Assist
- For Claimants: We gather evidence (medical reports, accident reconstructions) and establish negligence and quantify damages (medical costs, lost income)
- For Defendants: We dispute liability claims or argue contributory negligence and negotiate settlements to avoid litigation
- Risk Prevention: we draft liability waivers and advise on compliance to reduce future claims