Defences under Scots and Roman-Dutch law of delict There is a distinction between defences aimed at the wrongfulness element and defences which serve to exclude fault. Grounds of justification may be described as circumstances which occur typically or regularly in practice, and which indicate conclusively that interference with a person's legally protected interests is reasonable and therefore lawful. They are practical examples of circumstances justifying a prima fade infringement of a recognised right or interest, according to the fundamental criterion of reasonableness. They are another expression of the legal convictions of the society.
defencEs under scots and roMAn-Dutch law of deLIcT there IS a dIstinCTion betweEn deFEnces aImed at tHe WrongFulnesS eleMent and dEfenCes whiCH Serve to eXcludE faUlT. grounds of JusTificatIoN May be descrIbed as circuMsTaNces WhicH OCcur tyPicAlly OR reGulaRly In PracTICE, aNd whiCh iNdicatE concLusiVeLY tHaT iNTerFerENce With a person's legAlLy protected IntEreStS is reasoNABle and tHeReforE lawfUl. tHey are praCTiCal eXaMples of circumsTaNces juStIFyiNG a Prima fadE inFrINgemeNt of a REcoGNiSed rigHT Or inTerESt, ACcOrdinG to The FunDAmEntal CriteRion of reasOnaBlEneSS. They ARE AnotheR expression OF tHe legal convicTionS of tHE SociEtY.