ex delicto

An obligation or action ex delicto arises from a civil wrong, independent of any agreement: trespass, nuisance, negligence, defamation and the like. It is contrasted with ex contractu, arising from a contract. Roman law also spoke of obligations quasi ex delicto, liabilities resembling delict though not based on fault in the usual way.

In tort, duties are fixed by law and owed to persons generally; in contract, they are fixed by the parties and owed only to the other party. The same act can be both a breach of contract and a tort, and the plaintiff may then frame the action either way, though he cannot recover twice for the same loss.

Example

The pedestrian hit by the bus can sue only ex delicto, as she had no contract with the transport corporation.

See also

ex contractu · duty of care · exemplary damages

Read more in the study notes

• Obligation: nature, sources and kinds, and solidary obligations (Jurisprudence)
• Duty, obligation and liability, and the sources from which they arise (Legal Concepts)