Legal Definitions - ex mora

Term: ex mora

Definition:

Ex mora is a Latin legal term that refers to something that arises or occurs as a direct result of a delay. It signifies a consequence, right, or obligation that comes into existence specifically because a party has failed to act or perform within an expected or agreed-upon timeframe.

Examples:

• Example 1: Contractual Penalty for Delayed Completion

  A construction company, "BuildFast Inc.," is contracted to complete a new office building by October 1st. The contract includes a clause stating that for every day the project is delayed past this deadline, BuildFast Inc. will pay a penalty of $1,000 to the client. Due to unforeseen material shortages, the building is not completed until October 15th.

  Explanation: The $15,000 penalty (15 days x $1,000/day) is a financial obligation that arises ex mora. It is a direct consequence of BuildFast Inc.'s delay in meeting the contractual completion date.

• Example 2: Loss of a Legal Right Due to Missed Deadline

  In a civil lawsuit, the court sets a deadline of June 1st for all parties to submit their expert witness reports. One party, "Defendant Corp.," fails to file their report by this date. As a result, the court rules that Defendant Corp. is barred from presenting any expert testimony during the trial.

  Explanation: Defendant Corp.'s loss of the right to present expert testimony is a consequence that occurs ex mora. This specific legal disadvantage arises solely because of their delay in complying with the court's deadline.

• Example 3: Increased Costs from Delayed Delivery

  A clothing retailer, "FashionForward," orders a large shipment of seasonal apparel from a manufacturer, "TextilePro," with an agreed delivery date of August 1st to prepare for the autumn season. TextilePro experiences production issues and informs FashionForward that the shipment will be delayed until August 15th. To avoid missing critical sales, FashionForward pays for expedited air freight for a portion of the order from another supplier, incurring significant additional shipping costs.

  Explanation: The extra costs FashionForward incurred for expedited shipping are damages that arise ex mora. These expenses are a direct result of TextilePro's delay in delivering the original order, forcing FashionForward to take costly alternative measures.