Delict is a concept of
civil law in which a willful wrong or an act of
negligence gives rise to a legal obligation between parties even though there has been no contract between the parties. Due to the large number of civil law systems in the world, it is hard to state any generalities about the concept.
In the most narrowly construed sense, delict is a Latin word and a legal term, which, in some civil law systems, signifies a wilful wrong, similar to the common law concept of tort though differing in many substantive ways. The law of delicts in civil law countries is usually a general statute passed by the legislature whereas tort law in common law countries arises from case law. In addition, a delict is defined abstractly in terms of infringement of rights whereas in common law, there are many specific types of torts.
It is to be differentiated from quasi-delict which is an unintentional wrong, similar though differing from the common law concept of negligence. The term is found particularly in Scots Law.
By contrast, the civil law of German-speaking countries does not differentiate between delict and quasi-delict in the sense described above. Under German Deliktsrecht, referring to damages arising outside contract, claims to damages can arise from either intentional or negligent infliction of harm. Under § 823 BGB, damages can either be based on harm inflicted either on an object protected by law (Rechtsgut) such as life, health or property, or on the violation of a law protecting a certain legal interest.
