Legal Definitions - delictual fault

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.