Breach of Duty of Care
The idea of delict is not to prevent a person's acts or omissions from ever causing harm occurring, but is to take reasonable precautions in the circumstances to prevent harm. This is seen in the ratio of Muir v Glasgow Corporation 1943 SC(HL) 3
To be sued successfully under delict it must be proven that a defendant owed a duty of care to an individual, that they have breached this duty of care (i.e. taken insufficient precautions to prevent harm), it is fair, just and reasonable to impose a duty of care in the circumstances and that there is a causal link between your wrong and the loss suffered by the individual in question. In determining what constitutes sufficient precautions several factors apply:
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“Good manners, to those one does not love, are no more a breach of truth, than “your humble servant,” at the bottom of a challenge is; they are universally agreed upon, and understand to be things of course. They are necessary guards of the decency and peace of society.”
—Philip Dormer Stanhope, 4th Earl Chesterfield (1694–1773)
“Good manners, to those one does not love, are no more a breach of truth, than “your humble servant,” at the bottom of a challenge is; they are universally agreed upon, and understand to be things of course. They are necessary guards of the decency and peace of society.”
—Philip Dormer Stanhope, 4th Earl Chesterfield (1694–1773)
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—Henry David Thoreau (1817–1862)
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—Thomas Jefferson (1743–1826)