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A delict is an intentional or negligent act which gives rise to a legal obligation between parties even though there has been no contract between them. The delictual elements that have to be satisfied before a claimant can be successful are Act, Wrongfulness, Fault, Loss and Causation. Act - can be either a positive conduct where an individual makes a conscious decision before they act, or it can also be a negative conduct were an individual fails to fulfil their legal obligation. Wrongfulness - is the conduct complained of must be legally reprehensible. This is usually assessed with reference to the legal convictions of the community. Legal duty being breached or not breached. Fault when the wrongfulness of the act has been established, it is then analysed if it is blameworthy. Fault can be either be in the form of negligence or intent. Intent means the individuals is aware that the conduct is wrongful while trying to achieve a particular result. Negligence means that would the individual have acted differently if they were able to foresee the damages. Loss finally the act should have resulted in some form of loss or damage to the individual. This loss can be either be patrimonial loss which results in the reduction of a persons financial position; or nonpatrimonial loss which does not relate to financial position but compensation for something like pain and suffering. Causation where there is a link between the loss and the act. There are two types of causation which are legal and factual causation. From the situation deployed all the elements of the delict that are present

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