Actions arising fromdelict are sometimes purely penal, sometimes are partly penal and partly reparative, and consequently mixed.
The many peculiarities of the mature Roman law of Contract and Delict which are traceable to these two ideas, whether singly or in combination, are therefore among the exclusive products of one particular society.
This difference no doubt arises from the tendency to extend the bounds of a delict and to limit the bounds of a crime.
The earlier laws appear to regard it as a delict which may be compounded for by payment.
To its latest period Roman law regarded larceny or theft (furtum) as a delict prima facie pursued by a civil remedy--the actio furti for a penalty, the vindicatio or condictio for the stolen property itself or its value.
Thus a layman may not arrest an ecclesiastic for a delict fully consummated, but may seize and detain him in order to hinder the consummation of a delict.
No delict is wiped out without penitence and punishment, in this life or afterwards--let it be in Purgatory and not in Hell!
Another point of Gregorian emphasis: no delictis remitted without punishment.
The typical delict required dolus--intentional aggression upon the personality or the substance of another.
The "natural" sources of liability were delict and contract.
Thus recovery of a sum of money by way of penalty for a delict is the historical starting point of liability.
It was easy to fit the two categories, delict and formal undertaking, which had come down from the strict law, into the new mode of thought.
Hence when the legal was identified with the moral, and such identification is a prime characteristic of this stage, the significant thing indelict seemed to be the moral duty to repair an injury caused by wilful aggression.
Here also there was wilful aggression, and the delict of dolus gets its name from the intentional misleading that characterizes it in Roman law as it does deceit in English law.
It is worth a moment's digression to suggest that such things show how little the historical categories of delict and contract represent any essential or inherent need of legal thinking.
The above list will hopefully give you a few useful examples demonstrating the appropriate usage of "delict" in a variety of sentences. We hope that you will now be able to make sentences using this word.
