The actio iniuriarum is an action for delict

Delict

In civil law, 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. Due to the large number of civil law systems in the world, it is hard to state any generalities about the concept...

 which "not only seeks to protect an individual's dignity

Dignity

Dignity is a term used in moral, ethical, and political discussions to signify that a being has an innate right to respect and ethical treatment. It is an extension of the Enlightenment-era concepts of inherent, inalienable rights...

 and reputation

Reputation

Reputation of a social entity is an opinion about that entity, typically a result of social evaluation on a set of criteria...

 but also his or her physical integrity."

Harm or loss

The harm or loss which gives rise to the actio iniuriarum is a violation of a personality interest, usually classified, as per the definition above, under the following three headings:

• corpus, or bodily integrity;
• dignitas, or dignity; and
• fama, or reputation.

Conduct

The delictual conduct required for a successful application of the action comes usually in the form of statements or positive conduct. Seldom is it an omission.

Causation

Causation is normally not an issue in respect of the actio iniuriarum, but it may become one in some instances, as in deprivation-of-liberty cases.

Wrongfulness

Conduct will be wrongful in terms of this action if it is objectively unreasonable and without lawful justification: "Having a valid defence means that the conduct is justified and the behaviour is not wrongful or unlawful."

Fault

There must be fault in the form of intention, although this is controversial, as some in South Africa

South African law of delict

The South African law of delict engages primarily with "the circumstances in which one person can claim compensation from another for harm that has been suffered." JC Van der Walt and Rob Midgley define a delict, "in general terms [...] as a civil wrong," and more narrowly as "wrongful and...

contend that the action has developed in the last century to include some instances, such as those involving deprivation of liberty, where liability is strict, and others such as defamation involving the media, where liability is negligence-based.