Legal Definitions - action ex delicto

An action ex delicto refers to a legal lawsuit or proceeding that arises from a civil wrong, also known as a tort. Unlike a lawsuit based on a breach of contract (where someone failed to uphold an agreement), an action ex delicto is initiated because one party suffered harm due to another party's wrongful act, negligence, or failure to perform a duty imposed by law. The purpose of such an action is typically to seek compensation for the damages incurred.

Here are some examples to illustrate this concept:

• Example 1: Car Accident Caused by Negligence

  Imagine a scenario where Driver A is texting while driving and negligently runs a red light, colliding with Driver B's car. Driver B sustains injuries and their vehicle is significantly damaged. Driver B decides to sue Driver A for compensation for medical bills, lost wages, and vehicle repairs.

  This is an action ex delicto because the lawsuit stems from Driver A's negligent act (a civil wrong or tort) that caused harm to Driver B, rather than from any broken agreement or contract between the two drivers.

• Example 2: Defamation of Character

  Consider a situation where a former employee, out of spite, spreads false and damaging rumors online about their previous employer's business practices, leading to a significant loss of clients and damage to the company's reputation. The employer decides to sue the former employee for defamation.

  This constitutes an action ex delicto because the lawsuit is based on the former employee's wrongful act of making false and harmful statements (a tort), which caused financial and reputational damage to the business, not on a breach of any contractual obligation.

• Example 3: Medical Malpractice

  Suppose a patient undergoes surgery, and due to the surgeon's clear negligence in following established medical protocols, the patient suffers severe and permanent complications that could have been avoided. The patient then files a lawsuit against the surgeon and the hospital for the resulting harm.

  This is an action ex delicto because the claim arises from the surgeon's professional negligence (a form of civil wrong or tort) and the hospital's potential liability for that negligence, which caused the patient's injuries, rather than from a failure to fulfill a specific term of a contract for services.