The principal debt usually arises out of a contract, but it may also arise out of a delict or unjustified enrichment, a natural obligation ( valid but not legally enforceable ) and a conditional obligation.
32.
Under the common law, employees had to rely on delict if the employer did not ensure that the working conditions were safe and healthy, but this was viewed to be imprecise, and the Legislature intervened.
33.
A victim of harassment may institute a civil claim, based on delict, against the perpetrator; she may also institute a claim against the employer, based on the common-law principles of vicarious liability.
34.
5 / by a person who was coerced by grave fear, even if only relatively grave, or due to necessity or grave inconvenience if the delict is intrinsically evil or tends to the harm of souls;
35.
Provision is made under the Protection from Harassment Act against stalking to deal with the civil offence ( i . e . the interference with the victim's personal rights ), falling under the law of delict.
36.
Another effect of this was that as a fictional person, a monastery could not be held guilty of delict due to not having a soul, helping to protect the organization from non-contractual obligations to surrounding communities.
37.
It was clear, in the present case, that the delict for which the applicant sought to hold the respondent liable was the rape, and that the rape had been a deviation from the policemen's duties.
38.
"' Delict "'in Scots Law is, amongst other things, the responsibility to make reparation caused by breach of a duty of care or, arguably, the duty to refrain from committing such breaches.
39.
""'Muir v Glasgow Corporation " "'1943 SC ( HL ) 3, is a leading case in the law of negligence and forms part of Scots delict law and English tort law.
40.
The litigant who sues on delict sues to recover a loss sustained because of the wrongful conduct of another, in other words that the amount by which his patrimony has been diminished by such conduct should be restored to him.
