Anton Fagan has taught the South African law of delict for twenty years and has written extensively on the subject. Undoing Delict: The South African Law of Delict under the Constitution includes his ten best previously published articles and essays. They deal with a range of topics, such as wrongfulness, causation, pure economic loss, and defamation. Several of the contributions investigate the impact of the Constitution, or of certain Constitutional Court judgments, on the law of delict or a part thereof. In addition, Undoing Delict includes a previously unpublished essay in which Fagan develops a new explanation of what it means for intentional harm-causing conduct to be wrongful. Many of the views put forward in this book are controversial and their defence against contrary views is at times robust. But the aim throughout is to deepen or advance our understanding of important and interesting, and in some instances puzzling, aspects of the South African law of delict.

This Guide provides an outline of the main aspects of the Zimbabwean Law of Delict. Delict is a concept of civil law in which a willfull wrong or an act of negligence gives rise to a legal obligation between the parties, despite the lack of a contract. A Cases section follows the main text, containing summaries of salient Zimbabwean cases and also of some important South African and English cases.

The driving force of the dynamic development of world legal history in the past few centuries, with the dominance of the West, was clearly the demands of modernisation – transforming existing reality into what is seen as modern. The need for modernisation, determining the development of modern law, however, clashed with the need to preserve cultural identity rooted in national traditions. With selected examples of different legal institutions, countries and periods, the authors of the essays in the two volumes Modernisation, National Identity and Legal Instrumentalism: Studies in Comparative Legal History, vol. I:Private Law and Modernisation, National Identity and Legal Instrumentalism: Studies in Comparative Legal History, vol. II: Public Law seek to explain the nature of this problem. Contributors are Michał Gałędek, Katrin Kiirend-Pruuli, Anna Klimaszewska, Łukasz Jan Korporowicz, Beata J. Kowalczyk, Marju Luts-Sootak, Marcin Michalak, Annamaria Monti, Zsuzsanna Peres, Sara Pilloni, Hesi Siimets-Gross, Sean Thomas, Bart Wauters, Steven Wilf, and Mingzhe Zhu.

This casebook is designed to introduce the Roman law concerning delicts, private wrongs which broadly resemble torts in Anglo-American law. The Roman law of delict is unusually interesting, since many basic Roman principles of delict are still prominent in modern legal systems, while other Roman principles offer sharp and important contrasts with modern ideas. The influence of Roman law has been especially strong in the Civil Law systems of Continental Europe and its former dependencies, since these systems derive many basic principles from Roman law; but Roman influence on Anglo-American law has also been appreciable in some areas, although not usually in tort. A casebook relies on direct use of primary sources in order to convey a clear understanding of what legal sources are like and how lawyers work. For Roman law, the primary sources are above all the writings of the early imperial Roman jurists. Almost all their writings date to the classical period of Roman law, approximately 30 B.C. to A.D. 235 The 171 Cases in this book all derive from the writings of pre-classical and classical jurists.