Extracontractual Liability

[mekides]

A pedestrian walking by a construction site is struck by a brick which has apparently fallen from a raised platform. After treatment, he returns to the scene to challenge those responsible but is met with denials. Explain fully how the concept of extra contractual liability might assist him in obtaining financial compensation under the rules of delict

[JimF]

It won't. It has no basis in law. It's just his word against theirs.

How many words do you need?

[fiction-factory]

Rather than just pasting a homework/assignment/exam question it's a better to ask for help and set out the context of the query

[Barmaid]

As someone who spent several years doing a law degree then professional qualifications, the best advice I can give is go to a law library and do your own research.

[JimF]

Either that, or do your own homework. #justsaying

[fiction-factory]

Have you analysed whether the required (five?) elements are present?

[Buenchico]

The terminology in your question suggests that you might be in the USA or perhaps in an African nation. In the UK (other, possibly, than in Scotland) I'd have expected to see a reference to 'tort', rather than to 'delict'. If so, this clearly isn't the place to be asking your question, as our laws are very different to yours.

Further, we're not too keen on directly answering coursework questions for people. Your first starting point though should be to look up (or google) the definition of 'delict' in your own jurisdiction. (In the USA you'll need to consult references to State law, rather than to Federal law). It will almost certainly include some form of reference to 'negligence', which looks like being a key factor in your argument but you need to find out what else is needed within your state's/country's legal system to show that someone is 'delictually liable'. Here, for example is clear a statement of the 5 factors necessary in South Africa but they might well be different where you are:
http://www.jgs.co.za/index.php/litigation/delict-explained

[fiction-factory]

I think it's Scottish Law
https://www.studocu.com/en-gb/document/edinburgh-napier-university/construction-law-and-contracts/past-exams/exam-revision-questions/1561392/view

[Buenchico]

If it's Scots law, Mekides should start here:
https://www.goodfellowpublishers.com/free_files/Chapter%208-e27483dc4694f8071ae538c273606eb7.pdf

[Barmaid]

//Further, we're not too keen on directly answering coursework questions for people//

This made me laugh. I wanted to say "really? Was that implied by my answer?".

Sorry, I know this is law, but...........

[Ellipsis]

Wouldn't it be great if our future legal professionals earned their qualifications by copying answers from AB?

[woofgang]

Possibly frightening actually depending on who they copy from.

[Peter Pedant]

and the rules of delict are

The basic elements of delict are conduct, wrongfulness, fault, causation and damage. As a starting point, it is essential to realise that all five elements mentioned above must be present before a person can be set to be delictually liable.

I was a bit put off by extra contractual - - -
there isobviously no contract ....