Understanding Delictual Liability

Delictual liability arises when a person or business causes harm or loss to another through wrongful conduct. Learn about the five essential elements required for a successful delictual claim under Namibian law.

Delictual liability arises when a person or business causes harm or loss to another through wrongful conduct. In Namibia, the law of delict provides legal remedies for financial loss, damage to reputation or dignity and physical or emotional harm.

A successful delictual claim requires five essential elements: conduct, wrongfulness, fault, causation, and damages. If any of these elements are absent, liability will not arise. The case of Lopez v Minister of Health and Social Services ([2019] NAHCMD 367), illustrates the application of the elements of delict in Namibian law, highlighting the importance of each element in establishing liability.

Delictual matters commonly involve personal injury, property damage, reputational harm and economic loss. Where the legal requirements are met, an affected party may be entitled to compensation for the harm suffered. Our firm provides practical and strategic legal assistance in all aspects of delictual law. We advise and represent clients in pursuing or defending claims, protecting their rights and resolving disputes efficiently and effectively.

Disclaimer: The information provided here is for general informational purposes only and should not be interpreted as legal advice from Ileni Velikoshi Inc. or its staff. For advice tailored to your specific situation, please consult directly with Ileni Velikoshi Inc. for professional legal advice.