Legal Definitions - ex capite

Ex capite is a Latin legal phrase that translates to "on the ground of" or "by reason of." It refers to the fundamental basis, cause, or justification for a legal action, right, or obligation.

Here are some examples to illustrate its application:

• Example 1: Contract Validity

  Imagine a situation where two parties sign a contract, but one party later discovers that the other party intentionally misrepresented key facts during negotiations. A court might declare the contract void ex capite of fraud.

  Explanation: In this scenario, the fraud committed by one party is the fundamental "ground" or "reason" for the contract being invalidated. The contract's lack of legal effect stems directly from the fraudulent misrepresentation.

• Example 2: Inheritance Rights

  Consider a will that specifies how a deceased person's assets should be distributed. If a particular individual is named as a beneficiary, they would inherit property ex capite of their designation in the will.

  Explanation: The individual's right to inherit is "by reason of" or "on the ground of" being explicitly named as a beneficiary in the valid legal document (the will). Their claim to the property is justified by that specific provision.

• Example 3: Professional Licensing

  A state licensing board might revoke a doctor's medical license ex capite of professional misconduct, such as negligence or unethical behavior.

  Explanation: The doctor's professional misconduct serves as the direct "ground" or "reason" for the revocation of their license. The board's decision to remove their ability to practice is justified by the proven instances of misconduct.