Legal Definitions - ex delicto

The Latin term ex delicto describes something that arises or results from a wrongful act, specifically a civil wrong (known as a tort) or, in some cases, a criminal offense. It refers to legal claims, liabilities, or consequences that stem from harm caused by someone's improper conduct, rather than from a broken agreement or contract.

This concept is often contrasted with ex contractu, which refers to obligations or claims that arise from a contract.

• Example 1: Negligent Driving

  Imagine a driver who is texting while driving, runs a red light, and crashes into another car, causing significant damage and injuries to the occupants. The injured parties decide to sue the negligent driver for their medical bills, car repairs, and pain and suffering.

  This lawsuit is considered an ex delicto action because the claims for damages arise directly from the driver's wrongful and negligent conduct (a tort), not from any contractual relationship between the drivers.

• Example 2: Professional Malpractice

  A surgeon performs an operation, but due to a clear lack of care and adherence to standard medical practices, makes a serious error that causes permanent injury to the patient. The patient then sues the surgeon for medical malpractice.

  The patient's claim for damages is ex delicto. While there might have been an implied agreement for treatment, the core of the lawsuit stems from the surgeon's professional negligence—a tort—that caused harm, rather than a breach of a specific contractual term.

• Example 3: Civil Claim from a Criminal Act

  A person breaks into a home, steals valuable electronics, and causes extensive property damage during the burglary. The homeowner reports the crime to the police, but also decides to sue the burglar in civil court to recover the cost of the stolen items and the repairs to their home.

  The homeowner's civil lawsuit for financial recovery is an ex delicto claim. Although the burglar's actions are criminal, the civil claim for damages arises directly from the wrongful and harmful conduct that constitutes both a crime and a tort (trespass, conversion of property, property damage).