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Delict is a concept of civil law which is used to some degree in many civil law legal systems. However, due to the large number of civil law systems in the world, it is hard to state any generalities about the concept. In the most narrowly construed sense, delict is a Latin word and a legal term, which, in some civil law systems, signifies a wilful wrong, similar to the common law concept of tort though differing in many substantive ways. It is to be differentiated from quasi-delict which is an unintentional wrong, similar though differing from the common law concept of negligence. The term is found particularly in Scots Law. By contrast, the civil law of German-speaking countries does not differentiate between delict and quasi-delict in the sense described above. Under German Deliktsrecht, referring to damages arising outside contract, claims to damages can arise from either intentional or negligent infliction of harm. Under § 823 BGB, damages can either be based on harm inflicted either on an object protected by law (Rechtsgut) such as life, health or property, or on the violation of a law protecting a certain legal interest. However, § 826 BGB (and the similar Austrian § 1295 Abs 2 ABGB) compare closely to delict. Under this provision, someone who intentionally inflicts harm on another person in a way violating morality (gute Sitten) is liable for damages.
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