action ex delicto
An action arising out of the violation of a duty or obligation created by positive law independent of contract. 1 Am J2d Actions § 8. There may be a duty imposed by law by the relation of the parties, although the relation was created by contract, and when this is so, a neglect to perform this duty gives the injured person a right of action, and he may elect to sue upon the contract, or treat the wrong as a tort, and bring an action ex delicto. For example, a common carrier who wrongfully ejects a passenger who has paid his fare from a train commits a tortious act, although the relation of the parties had its origin in contract, and an action ex delicto may be maintained. 38 Am J1st Negl § 20.

Ballentine's law dictionary. . 1998.

Look at other dictionaries:

  • action ex delicto — /aekshan eks daliktow/ An action arising from a breach of duty growing out of contract …   Black's law dictionary

  • action ex delicto — /aekshan eks daliktow/ An action arising from a breach of duty growing out of contract …   Black's law dictionary

  • ex delicto — From or out of a wrongful act; tortious; tortiously. See action ex delicto; chose ex delicto …   Ballentine's law dictionary

  • ex delicto — ex de·lic·to / eks di lik tō, dā lēk tō/ adj [Latin, of or by reason of a wrong]: arising from or based on a tort or delict (as a breach of duty) the action is ex delicto compare ex contractu Merriam Webster’s Dictionary of Law. Merriam Webster …   Law dictionary

  • ex delicto — /eks daliktow/ From a delict, tort, fault, crime, or malfeasance. In both the civil and the common law, obligations and causes of action are divided into two classes those arising ex contractu (out of a contract), and those ex delicto. The latter …   Black's law dictionary

  • ex delicto — /eks daliktow/ From a delict, tort, fault, crime, or malfeasance. In both the civil and the common law, obligations and causes of action are divided into two classes those arising ex contractu (out of a contract), and those ex delicto. The latter …   Black's law dictionary

  • ex delicto quasi ex contractu — An action wherein there is combined a cause or ground of action for breach of a special contract with a cause or ground of action for a tort in violation of a common law duty. Nelson v Great Northern Railroad Co. 28 Mont 297, 72 P 642 …   Ballentine's law dictionary

  • actio ex delicto — /aekshiyow eks daliktow/ In the civil and common law, an action of tort; an action arising out of fault, misconduct, or malfeasance. 3 Bl.Comm. 117. Ex maleficio is the more common expression of the civil law; which is adopted by Bracton …   Black's law dictionary

  • actio ex delicto — /aekshiyow eks daliktow/ In the civil and common law, an action of tort; an action arising out of fault, misconduct, or malfeasance. 3 Bl.Comm. 117. Ex maleficio is the more common expression of the civil law; which is adopted by Bracton …   Black's law dictionary

  • actio ex delicto — A civil law action founded upon a tort …   Ballentine's law dictionary

Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”