Delictual Capacity and (Contributory) Negligence of Minors

It is trite law that before a minor can be delictually liable, he must have the capacity to be legally accountable for his conduct; and he is accountable (culpae capax) if he has the necessary mental ability to distinguish between right and wrong, and can also act in accordance with such appreciation. If he lacks accountability at the time of the commission of the act, fault cannot be attributed to him because there can be no fault on his part. Accountability can thus be seen as the basis of fault.