Generally, a delict takes place when one party does a wrong thing against the other party. The primary delict elements are wrongfulness, conduct, fault, damage, and causation. At the starting point of any case regarding tort law or law of delict, it is vital to understand that the above mentioned elements should be presented to an individual in order to be regarded delictual liable (Loubser, 2012). According to the DE v RH case, the intentional act takes place when a person purposely does something he or she knows to be wrong. Additionally, according to South Africa Supreme Court, The South African law of delict involves chiefly with the situations whereby one individual can claim pay-back from the other for any harm that he/she has suffered.
Additionally, in accordance to the DE v RH case, the applicant Mr. DE sued the defendant, Mr. RH, for the damages that arose from his immoral actions in the North Gauteng High Court, Pretoria that took place amid Mr. RH and Ms. H, Mr. DE’s former wife. The assessment of the Supreme Court of Appeal on the facts was that the loss of consortium related to the wrongfulness of adultery amid Mr. DE and Ms. H occurred when Ms. H left their family home in March 2010, a few months before the adultery. In addition, it was confirmed that the two partners lived separately and on no occasion commenced living together. Ms. H claims that she never involved herself in adultery until their marriage relationship seized to exist irretrievably (DE v RH (CCT 182/14)  ZACC 18; 2015 (5) SA 83 (CC); 2015 (9) BCLR 1003 (CC) (19 June 2015), 2017). Therefore, this intentional act is what annoys Mr. DE and makes him sue Mr. RH.