Ex Delicto Definition and Legal Meaning
On this page, you'll find the legal definition and meaning of Ex Delicto, written in plain English, along with examples of how it is used.
What is Ex Delicto?
(ex dee-lick-toe)adj. Latin for a reference to something that arises out of a fault or wrong, but not out of contracts. Of only academic interest today, it identified actions which were civil wrongs (torts).
History and Meaning of Ex Delicto
Ex delicto is a Latin term that translates to "from a wrong." It is a legal term used to refer to actions that arise out of torts or civil wrongs. These actions are distinct from those that arise out of a contractual agreement between two or more parties. Ex delicto is an archaic term that is of only academic interest in modern legal practice.
Examples of Ex Delicto
Here are a few examples of how the term ex delicto might be used in different legal contexts:
- A plaintiff sues a defendant for medical malpractice, alleging that the defendant's negligence caused the plaintiff harm. This would be an action ex delicto.
- A property owner sues a neighbor for property damage caused by the neighbor's negligence. This would be an action ex delicto.
- A plaintiff sues for assault and battery, claiming that the defendant intentionally harmed them. This would be an action ex delicto.
Legal Terms Similar to Ex Delicto
Here are a few related legal terms that are similar to ex delicto:
- In contractu: This is another Latin term that refers to actions that arise out of a contractual agreement between parties.
- Malfeasance: This is a term used to describe wrongful conduct by a public official while in the performance of their duties.
- Breach of contract: This refers to a failure to fulfill the terms of a contractual agreement between parties.
- Negligence: This is a term used to describe conduct that falls below the standard of care required by law and results in harm to another person.
- Torts: This is a broader term used to describe civil wrongs that result in harm to another person or their property. It includes actions ex delicto as well as other types of torts.