Editing Tort (section)

===Elements of delict===
The elements of a delict as follows:<ref>Van der Walt and Midgley 2005, par. 2.</ref>
The elements of harm and conduct are fact-based inquiries, while causation is part-factual and part-normative, and wrongfulness and fault are entirely normative: that is, value-based, in that they articulate a wider societal policy perspective. Delict is "inherently a flexible set of principles that embody social policy."<ref>Loubser ''et al''. 2009, p. 4.</ref>
# harm sustained by the plaintiff;{{efn|The harm element is 'the cornerstone of the law of delict, and our fundamental point of departure'.<ref>Loubser, ''et al''. 2009, p. 43.</ref> Once the nature of the harm is identified, it is possible to identify the nature of the enquiry and the elements that need to be proven. There is an interplay between the elements of harm and wrongfulness, and a similar interaction between the way in which we determine harm and assess damages. 'For conceptual clarity', suggest the academic authorities, 'it is always important to remember where we are going along the problem-solving route towards the intended destination'.<ref>Loubser, ''et al''. 2009, p. 59.</ref>}}
# conduct on the part of the defendant which is wrongful;{{efn|It is vitally important that the conduct be voluntary. There must be no compulsion, in other words, and it must not be a reflex action. (The person engaging in the conduct must also be ''compos mentis'' or in sound mind and of sober senses, not unconscious or intoxicated, for example. He must be accountable for his actions, having the ability to distinguish between right and wrong, and to act accordingly. Unless this standard of accountability is secured, he will not be accountable for his actions or omissions. There will be no [[South African law of delict#Fault|fault]].) Conduct relates to overt behaviour, so that thoughts, for example, are not delictual. If it is a positive act or commission, it may be either physical or a statement or comment; if an omission—that is, a failure to do or say something—liability arises only in special circumstances. There is no general legal duty to prevent harm.}}
# a causal connection between the conduct and the plaintiff's harm; and
# fault or blameworthiness{{efn|Fault or blameworthiness can encompass both intentionality and negligence}} on the part of the defendant.