Ex delicto is a Latin term meaning "from a wrong" or "from a tort." It refers to obligations or actions that arise from wrongful acts or torts, as opposed to contractual obligations (ex contractu).
Ex delicto liabilities are based on laws governing torts, which are civil wrongs causing harm or loss to another person, thereby entitling the injured party to compensation.
In the realm of tort law, ex delicto actions are concerned with breaches of duty that are not based on a contract. These can include various forms of negligence, intentional harms, and strict liability offenses.
The concept underscores the legal principle that individuals have certain duties to others, and violating these duties can lead to legal liability. The primary goal of tort law, and thus ex delicto actions, is to provide relief to the injured party and deter future wrongful conduct.
While the foundational principles of ex delicto actions are consistent across jurisdictions, the specifics can vary widely. Different legal systems may categorize torts differently, prescribe different standards of proof, and offer different types of remedies.
Ex delicto actions can encompass a wide range of wrongful acts, from personal injury to defamation to privacy violations.
One common misconception is that ex delicto actions always involve intentional wrongdoing. In fact, many torts, such as negligence, do not require intent; they can arise from careless or unintentional actions that result in harm.
The key element is not the wrongdoer's intention but rather the breach of a legal duty that causes harm.
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