The case is especially important in the area of delict, bearing on the question of the remoteness of damages and a plaintiff's impecuniosity.
22.
Since Ancient Roman times, it has been recognised that fraud is a delict, and that fraudulent misrepresentation accordingly gives rise to a claim for delictual damages.
23.
Liability for breach of contract is distinct from liability in delict, and fault is not a general requirement for the recovery of damages for breach of contract.
24.
"Delict " is borrowed from Latin " delictum " and, as a branch of Scots law, revolves around the fundamental concept " reparation.
25.
It fell now to be decided what were the duties of a private employee in relation to his employer and the employee's delict and duties of employment or instruction.
26.
Delict deals with the righting of legal wrongs in civil law, on the principle of liability for loss caused by failure in the duty of care, whether deliberate or accidental.
27.
This was an evolutionary step in the common law for tort and delict, moving from strict liability based upon direct physical contact to a fault-based system which only required injury.
28.
The case is especially important in the law of delict, dealing with the problems relating to causation and the " conditio sine qua non " or " but-for " test.
29.
It was possible, O'Regan J continued, for an employee at the same time to commit a delict for his own purposes, and neglect to perform his duties as an employee.
30.
In such a case, the innocent party may recover damages in respect of any financial loss suffered as a result of the delict, irrespective of whether he elects to affirm or rescind the contract.
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