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.
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