Question

Which statement is INCORRECT?
1 A delict constitutes a civil wrong, and in appropriate circumstances, gives rise to a duty to pay
damages.
2 In general, a delictual obligation is imposed by law, whereas a contractual obligation is voluntarily
assumed by the parties.
3 The law of contract, delict, and unjustified enrichment, do not all relate to the law of obligations.
4 In the absence of a valid contract, an unjustified enrichment claim may arise when there is a
transfer of wealth from one person’s estate to another person’s estate, without a good legal ground
or cause for this shift.
5 Sometimes, concurrent contractual and delictual liability can arise, such that the plaintiff may sue
the defendant, on either basis. (1)

Answer 1

The law of contract, delict, and unjustified enrichment, do not all relate to the law of obligations.