Delict

In civil law. The act by which one person, by fraud or malignity, causes some damage or tort to some other.

In its most enlarged sense, this term includes all kinds of crimes and misdemeanors, and even the injury which has been caused by another, either voluntary or accidentally, without evil intention. But more commonly by "delicts" are understood those small offenses which are punished by a small fine or a short imprisonment. Private delicts are those which are directly injurious to a private individual. Public delicts are those which affect the whole community in their hurtful consequences. Quasi delicts are the acts of a person who, without malignity, but by an inexcusable imprudence, causes an injury to another. Poth. Obi. note 116; Ersk. Prac. 4. 4. 1. DELICTUM (Lat.) A crime or offense; a tort or wrong, as in actions ex delicto. 1 Chit. PL A challenge of a juror propter delictum is for some crime or misdemeanor that affects his credit, and renders him infamous. 3 Bl. Comm. 363; 2 Kent, Coram. 241. Some offense committed, or wrong done. 1 Kent, Comm. 552; Cowp. 199. 200. A state of culpability. Occurring often, in the phrase "in pari delicto melior est conditio defendentis." So, where both parties to a broken contract have been guilty of unlawful acts, the law will not interfere, but will leave them in pari delicto. 2 Greenl. Ev. § IIL

In Civil Law. The act by which one person, by fraud or malignity, ca some damage or tort to some other.

In its most enlarged sense, this term Includes all kinds of crimes and misdemeanors, nri'l even the Injury which has been caused by another, either voluntarily or accidentally, without evil intention. But more commonly by delicts are understoo small offences which are punished by a small fine or a short imprisonment Private delicts are those which are di ly injurious to a private individual. Public delicts are those which affect the whole community in their hurtful consequences. (J nasi delicts are the acts of a person, who. without malignity, but by an inexcusable imprudence, causes an injury to another. Pothier. Obi. n. 116; Erskine, Pr. 4. 4. 1. DELICTUM (I/at). A crime or offence; a tort or wrong, as in actions ex delicto, l Chit. PL A challenge of a juror propter delictum is for some 'Time or misdemeanor thai affects ins credit and renders him infamous. 3 Bla. Com. 363; 2 Kent 241 Some offence committed or wrong done. 1 Kent 552; Cowp. L99, 200. A state of culpability. Occurring often, in the phrase "in pari delicto melior est conditio </< favicitis." So, where both parties to a broken contract have been guilty of unlawful acts, the law will OOl interfere, but will leave them in pari delicto. 2 Greenl. Ev. § 111.

Inthe civillaw. A wrong or injury; an offense; a violation of public or private duty. It will be observed that this word, tuken in its mest general sense, is wider in both directions than our English term “tort.” On the one hand, it includes those wrongful aets which, while directiy affecting some individual or his property, yet extend in their injurious consequences to the peace or security of the community atlarge, and hence rise to the grade of crimes or misdemeanors. ‘hese acts were termed in the Roman law “public deliets;” while those for which the only penalty exacted was compensation to the person primuarily injured were denominated “private delicts.” On the other hand, the term appears to have included injurious actions which transpired withont any malicious intention on the part of the doer. Thus Pothier gives the name “quasi delicts” to the acis of a person who, without malignity, but by an inexcusable imprudence, causes an injury to another, Poth. Obl. 116. But the term is used in modern jurisprudence as a convenient synonym of “tort;” that is, a wrongful and injurious violation of a jus in rem or right available against all the world. This appears in the two contrasted phrases, “actions ex eontractu” and “actions ex delicta.”

1. In civil law, the act by which a person, through fraud or malignity, causes damage to another. In its enlarged sense includes all kinds of crimes and misdemeanors, even injuries caused voluntarily or accidentally and without evil intention; but is commonly limited to offenses punishable by a small fine or a short imprisonment.* 3. A delictum, q. v.

IxL Scotch law. A species of crime. Delicts are commonly imderstood of slighter offences which do not affect the public peace so immediately; as petty riots, <&c. Ersk. Inst. b. 4, tit. 4, 92. It appears to answer nearly to the English term misdemeanour, and is closely formed from the Lat. delictum, (q. v.)

civil law. The act by which one person, by fraud or malignity, causes some damage or tort to some other.

In its most enlar sense, this term includes all kinds of crimes and misdemeanors, and even the injury which has been caused by another, either voluntarily or accidentally without evil intention; but more commonly by delicts are understood those small offences which are punished by a small fine or a short imprisonment. Delicts are either public or private; the public are those which affect the whole community by their hurtful consequences; the private is that which is directly injurious to a private individual. Inst. 4,18; Ib. 4,1; Dig. 47,1; Ib. 48, 1. <A quasi-delict, quasi delictum, is the act of a person, who, without malignity, but by an inexcusable sipradanes, causes an injury to another. Poth. Ob. n.116; Ersk. Pr. Laws of Scotl. B. 4, t. 4, s. 1. ‘ DELINQUENT, civil law, he -who has been guilty of some delict.