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Ex Delicto

A Dictionary of Law · Henry Campbell Black · 1891

A Dictionary of Law

From a delict, tort, fault, crime, or malfeasance. In both the civil and the common law, obligations and causes ot action are divided into two great classes, —those arising ex contractu, (out of a contract,) and those ex delicto. Tho latter are such as grow out of or are founded upon a wrong or tort, é. g., trespass, trover, repleyin. These terms were known in English law at a very early period.

See Inst. 4, 1, pr.; Mackeld. Rom. Law, § 384; 3 Bl. Comm. 117; Bract. fol. 1018.

Ex doelicto non ex supplicio emergit infamia. Infamy arises from the crime, not from the punishment.