Ex Contractu
A New Law Dictionary and Glossary · Alexander M. Burrill · 1850
A New Law Dictionary and Glossary
Lat. From contract; arising out of, or founded on contract; the opposite of ex delicto. A term of the civil law, expressive of one of the principal divisions of the grounds of obligations and of actions.
Inst. 3. 14. 2. Id. 4. 1. pr. Id. 4. 6. 1, 17, 18. 1 Mackeld. Civ. Law, 101, § 195.
Adopted at a very early period in the English common law, and still constantly employed in the law of actions. Bract, fol.
99. 3 Bl. Com. 117. 1 Tidd's Pr. 1. 1 Chitt. PL 2.
EX DEBITO JUSTITIiE. L. Lat. From, or as a debt of justice; in accordance with the requirement of justice; of right; as a matter of right.
The opposite of ex gratia (q. v.) 3 BL Com. 48, 67. 4 Id. 330, 392.
In the Mirror, writs grantable come de det (as of debt or right,) are distinguished from those de grace. Mirr. c.
5, 1 1. 9 Co. pref.