Meaning of ex delicto | Babel Free

Definitions

Of a legal obligation: arising from a delict or tort, or some other wrongful act.

not-comparable, postpositional

Examples

“This act [An Act anent the Aliment of Poor Prisoners 1696 (chapter 32; Parliament of Scotland)] was clearly intended to regulate the case of civil debts; but the question occurred whether by civil debts was meant debts ex contractu, or debts also ex delicto; and the Court were at first of opinion that debtors, whose debts arose ex delicto, were not entitled to the benefit of the statute. […] The opinion was however given up by the Court in 1787; and debts, though arising ex delicto, were held to be civil debts in the sense of the act, and as such, did not exclude the debtor from the benefit of the statute.”

“Personal actions are in form ex contractu or ex delicto, or, in other words, are for breach of contract, or for wrongs unconnected with contract. […] [T]hose for wrongs are case, trover, replevin, and trespass vi et armis.”

“[I]t was held that the Missouri statute did not apply to disqualify the plaintiff as a witness in an action against a railroad company for the alleged wrongful act of one of its conductors in putting her off the train, by reason of the death of the conductor before the trial, “as this is not an action on contract, but ex delicto […]””

“The confusion as to the legal effects of breach of the due diligence obligation derives from the general lack of full understanding of its role in the structure of State responsibility. There are many schools of thought as to the character of this obligation in the context of both liability ex delicto and of liability sine delicto.”

“Obligations ex delicto are those arising from a tort, an illegal act other than a breach of contract, and are enforced by giving to the obligee compensatory money damages equivalent to the amount of his loss. […] Roman law separated the obligations ex delicto tort into two categories: (1) where the party was actively and knowingly involved in the tort, which has developed into intentional tort; and (2) where the party was mistakenly involved, which has developed into negligence.”

CEFR level