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Expert: Ontrack Financial Group llc - 12/29/2008


Question
sir
can you please explain about Delictual claim with one case law or one example

thanks & Regards
rajeshkumar

Answer
   Dear RAJESHKUMAR,

Thank you for your question.

If a person drives their car negligently and collides with the car of another person, causing a crash, then the owner of the damaged car can sue the negligent driver. The owner of the damaged car can claim the cost of repairing the damage to the car as well as compensation for any of his or her injuries. This claim would be made under the common law of delict.


For such a claim to succeed the person making the claim (the claimant) must prove:

that the action of the other person was wrong
that the person doing the action was negligent, i.e. that the other person was at fault
that the claimant suffered a loss which can be given a monetary value. This monetary value is called damages
that the monetary loss (damages) was suffered as a result of the action of the negligent person, i.e. the action of the negligent person caused the monetary loss.
The requirements of wrongfulness and negligence are very important here.

Shermohmad v. Ebrahimi, NO. 06-CA-512, COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, October 31, 2006, Decided


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Ontrack Financial Group

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