Delict (Scots law)

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Delict in Scots law is the area of law concerned with those civil wrongs which are actionable before the Scottish courts. The Scots use of the term 'delict' is consistent with the jurisdiction's connection with Civilian jurisprudence; Scots private law has a 'mixed' character, blending together elements borrowed from Civil law and Common law, as well as indigenous Scottish developments. The term tort law, or 'law of torts', is used in Anglo-American (Common law) jurisdictions to describe the area of law in those systems. Unlike in a system of torts, the Scots law of delict operates on broad principles of liability for wrongdoing: 'there is no such thing as an exhaustive list of named delicts in the law of Scotland. If the conduct complained of appears to be wrongful, the law of Scotland will afford a remedy even if there has not been any previous instance of a remedy being given in similar circumstances'.^[1] While some terms such as assault and defamation are used in systems of tort law, their technical meanings differ in Scottish delict.

Although the law of delict affords reparation for wrongdoing such as assault, invasions of privacy and interference with property, 'in modern times statistically most of the case law on delict has been concerned with the law of negligence, interpretation of statutory regulations in workplace accident cases, and (particularly in the nineteenth century) defamation'.^[2] As in South Africa, there is no nominate 'tort' or 'delict' of negligence in Scotland, but rather the law recognises that delictual liability will arise where one person negligently [or indeed intentionally or recklessly] causes loss to another.^[3] In addition to this, the law of delict will afford remedy where legally recognised affront has been suffered,^[4] a pursuer's property interests have been interfered with,^[5] or some specific and nominate form of wrongdoing has been proven to occur (e.g., where the pursuer has been defamed).^[6]