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 their 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 that can be given a monetary value (such losses Are called damages)
• The claimant suffered loss that 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)

HOW DOES THIS HELP YOU WITH AN ENVIRONMENTAL ISSUE?

You can sue a person in court for loss caused to you by the wrongful actions of that person and claim compensation for this loss. This will have to be done through an attorney who will prepare the case and take it to court. (See Ways to resolve environmental disputes)

EXAMPLE

Eric owns a small-holding with a few animals. He makes a small living from his animals. The small-holding borders on a national road.

A truck carrying fertiliser goes out of control, leaves the national road and overturns on Eric’s land spilling the load of fertiliser into the small dam on his property. As a result the water in the dam is contaminated or polluted. Eric’s animals drink from this dam. Eric is not at home to stop his animals from drinking the water and as a result, they become sick and die. Can Eric claim compensation from the owner of the fertiliser company?

The general rule of delict says that Eric can claim compensation from someone who has done him harm, but he will have to show that all of the elements of delict are present. This means that he will have to show that:

• The action of the driver in spilling the fertiliser into his dam was wrongful
• The driver, and therefore the company, was negligent
• The accident caused the damage (in other words, the spilling of the fertiliser polluted the dam, resulting in the death of the animals)
• As a result of the negligent action of the driver he suffered a quantifiable monetary loss