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LSDefine

Simple English definitions for legal terms

delictual fault

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A quick definition of delictual fault:

Delictual fault is when someone does something wrong on purpose or by accident that causes harm to another person. It can also happen when someone fails to do something they were supposed to do and that failure causes harm. This is different from contractual fault, which happens when someone doesn't do what they promised to do in a contract, and inscrutable fault, which is when a mistake happens but no one can figure out who is responsible.

A more thorough explanation:

Delictual fault is a legal term that refers to intentional or negligent misconduct that violates a legal duty and results in harm to another person. It is a type of civil law fault that can result in liability for the person who committed the fault.

For example, if a driver is texting while driving and causes an accident that injures another person, the driver may be held liable for delictual fault. Similarly, if a doctor fails to provide proper medical care to a patient and the patient suffers harm as a result, the doctor may be held liable for delictual fault.

Delictual fault is different from contractual fault, which refers to a failure to perform an enforceable obligation in a contract, and inscrutable fault, which is fault ascribed solely to human error but for which no responsible party or parties can be identified.

delictual | delictum

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