Editing Delict (section)

== Scots law: delict as a willful wrong ==
{{see also|Delict (Scots law)}}
In the most narrowly construed sense, delict is a [[Latin]] word (''delictum'' ‘offence, wrong’) and a legal term, which, in some civil law systems, signifies '''a willful wrong''', similar to the [[common law]] concept of [[tort]] though differing in many substantive ways. The law of delict 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 [[tort]]s (English terminology).

Delict deals with the righting of legal wrongs in civil law. In modern times much of the literature on delict, and most case law heard before the courts, deals with issues arising from negligence. Insofar as liability for negligent wrongdoing is concerned, the principle of liability is based on reparation for ''damnum injuria'', or loss caused by wrongful conduct. When considering pursuing such a claim, one must prove, in addition to the existence of some recognised form of loss, that three additional criteria have been met: ''firstly'' one must demonstrate that the pursuer was owed a duty of care, ''secondly'' one must prove that the defender breached this duty of care and ''lastly'' one must show a causal link between the defender's breach of the duty of care and the loss complained of by the pursuer.

In addition to comprising rules pertaining to reparation for loss caused by negligent conduct, discussed above, the Scots law of delict is also concerned with affording remedy in cases which concern non-patrimonial injury, wilful interference with property rights and the commission of nominate delicts (such as, e.g., defamation). The rules for establishing liability in such cases differ from the 'duty of care' analysis discussed above, although the principles of reparation for property damage remain based on the general principle that reparation should be afforded where there has been loss caused by wrongful conduct. The requirements to establish liability for nominate delicts will depend on bespoke rules, while reparation for non-patrimonial injury (e.g., affront caused by intentional wrongdoing) is afforded in line with the principles of the Roman ''actio injuriarum''.<ref>''Stevens v Yorkhill NHS Trust'' 2006 889, at para.63</ref>