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 — ac·tion n [Latin actio legal proceeding, from agere to do, carry out, initiate legal proceedings] 1 a: a judicial proceeding for the enforcement or protection of a right, the redress or prevention of a wrong, or the punishment of a public offense …   Law dictionary

  • action on the case — 1. : trespass on the case 2. : a remedy for recovery of damages for tort in instances where injury was neither immediate nor direct usually referring to an action ex delicto but sometimes to assumpsit; compare form of action …   Useful english dictionary

  • action on the case — A common law species of personal action of formerly extensive application, otherwise called trespass on the case, or simply case, from the circumstance of the plaintiffs whole case or cause of complaint being set forth at length in the original… …   Black's law dictionary

  • action — Conduct; behavior; something done; the condition of acting; an act or series of acts. Term in its usual legal sense means a lawsuit brought in a court; a formal complaint within the jurisdiction of a court of law. Pathman Const. Co. v. Knox… …   Black's law dictionary

  • action — I (New American Roget s College Thesaurus) Performance Nouns 1. (act of doing) action, performance, operation, execution, enactment, production; process, procedure, proceeding, transaction; behavior, conduct; work, exertion. See activity. 2.… …   English dictionary for students

  • Action — (Roget s Thesaurus) < N PARAG:Action >N GRP: N 1 Sgm: N 1 action action performance Sgm: N 1 doing doing &c. >V. Sgm: N 1 perpetration perpetration Sgm: N 1 exercise exercise excitation Sgm: N 1 movement …   English dictionary for students

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

  • form of action — The designation by which an action is known in the law, as trover, trespass, assumpsit, an action ex delicto or an action ex contractu. While technical forms of action have been abolished in most jurisdictions, leaving only one form of action in… …   Ballentine's law dictionary

  • In pari delicto — (full, but rarely used form In pari delicto potior est conditio possidentis ) [ [ pari delicto doctrine.html in pari delicto doctrine definition ] ] , Latin for in equal fault, is a legal term used… …   Wikipedia

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