The common law of delict allows you to claim compensation from someone who does something that causes you harm. Provided that certain requirements are met (listed below), such an action is called a delict. For example, if a person drives their car negligently and collides with the car of another person, the owner of the damaged car could sue the driver who negligently or intentionally caused the crash, and could claim the cost of repairing the damage to the car as well as compensation for any of his or her injuries. This claim would be made under the common law of delict.

For a delictual claim to succeed the person making the claim (the claimant) must prove that:

• The action of the other person was wrongful because it caused harm to the claimant or their property
• The person performing the action was negligent (was at fault) or acted intentionally
• The claimant suffered loss which can be given a monetary value (such losses Are called damages)
• That the claimant suffered loss which can be given a monetary value. This monetary value is called damages
• The monetary loss (damages) was suffered as a result of the action of the negligent person (the action of the negligent person caused the monetary loss)