ABSTRACT
We have seen that non-contractual obligations are, broadly speaking, empirically founded upon damage and enrichment and that monetary claims for unjustified enrichment can often be regarded as noncontractual debt actions (Chapter 11). When it comes to damage the main remedy is damages since this is a remedy designed to compensate a claimant who has suffered harm at the hands of the defendant (cf Chapter 6). Damages are, of course, available when the defendant has caused damage through his breach of contract, but in situations where there is no contractual iuris vinculum between the parties a claimant will have to rely upon a non-contractual damages claim. Such claims in civil law are called delict (together with quasi-delict) and in the common law torts or tort (cf Chapter 8 § 3(d)).1 One must add that while the majority of claims in tort involve the remedy of damages, the equitable remedy of injunction (cf Chapter 5 § 4) can be of importance in the development of certain areas of the law of tort, for example, torts involving property or interference with business relations. And so, strictly speaking, tort itself will embrace more than just claims for compensatory damages.
