oa Comparative and International Law Journal of Southern Africa - A few thoughts on the basis of delictual liability
According to the traditional dogma of the law of delict ï¿½ mainly the product of the Pandectists of the nineteenth century - liability is based on the wrongful and culpable causation o f harm to another. Fault is consistently stated to be the basis of such liability; hence the so called fault theory. The basis of harm caused wrongfully and culpably is defined as fault, since fault presumes the existence of all the other delictual elements; fault can exist in substantive law only in the case of harm which has been caused wrongfully.
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