right of reparation in delict. These interests are protected by general principles which differ depending on the interest in question: some interests are patrimonial (concerned with 'what a person has') while others are 'non-patrimonial' (concerned with 'who a person is'): patrimonial interests are repaired by actions based on the loss caused by the defender's wrongful conduct, or are safeguarded by actions for interdict, while harm to non-patrimonial interests is repaired without reference to 'loss', but with an award of solatium taking into account the affront suffered by the pursuer. By way of a legal fiction, 'personal injury' is treated as (physical) 'damage done', with the net effect that 'the actio injuriarum root of Scots law infuses the [nominate] delict assault as much as any development of the lex Aquilia and wrongdoing that results in physical harm to a person may give rise to a claim of both damages and solatium. This separation of protection of the physical integrity of the person from the principles which afford protection to other non-patrimonial interests 'has had consequences not only for the details of the law protecting those interests, but also for determining what are the fundamental principles and doctrinal theoretical structure of the law of delict as a whole. In particular, this phenomenon provides much of the explanation why the Scots common law of delict is not today structured under two broad heads, Aquilian liability and iniuria [in the nominate sense] (adapted and modified by human rights law and statute law).' Although there is no clear divide between liability based on iniuria and Aquilian liability in Scots law, as there is in South Africa, actions may as yet be predicated on either iniuria alone or damnum injuria datum depending on the interest infringed. ‘Liability in delict, with few exceptions, is referable to the concepts of injuria or damnum injuria datum’, with statutory innovations and nominate delicts developed at common law supplementing the general actions available for the reparation of patrimonial loss or non-patrimonial injury. Hence, there remains scope for the law to protect non-patrimonial interests such as privacy or dignity on grounds that 'the actio iniuriarum is sufficiently wide to cover any deliberate conduct causing affront or offence to the dignity, security or privacy of the individual' although few modern cases have attempted seriously to argue this. In practice, delictual actions which call before the courts of Scotland are, if not concerned with