If this harm takes the form of patrimonial loss, one uses the Aquilian action; if pain and suffering associated with bodily injury, a separate action arises, similar to the Aquilian action but of Germanic origin; finally, if the harm takes the form of injury to a personality interest an injuria , the claim is made in terms of the actio injuriarum. Delict in Roman law fell under the law of obligations. As has been pointed out, however,. In contrast to the casuistic approach of the Roman law of delict, the South African law of delict is based [ Unlike the last-mentioned action which developed in Roman-Dutch law, the first two remedies had already played an important role in Roman law. Although delict may be described as at the bottom a system of loss allocation, it is important to note that not every damage or loss will incur liability at law.