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Ex maleficio

Defined in 3 dictionaries — Ballentine's (1916), Black's (1910), Burrill (1850)

Ballentine's Law Dictionary

James A. Ballentine · 1916

From wrougdoing.

Black's Law Dictionary

Henry Campbell Black, M.A. · 1910

Growing out of, or founded upon, misdoing or tort. This term is frequently used in the civil law as the synonym of "ex delicto," (q. v.,) and is thus contrasted with "ex contractu." In this sense it is of more rare occurrence in the common law, though found in Bracton, (fols. 99, 101, 102.)

A New Law Dictionary and Glossary

Alexander M. Burrill · 1850

Lat. From, arising out of, or founded upon misconduct or malfeasance. A term of the civil law used (more commonly than ex delicto,) as the opposite of ex contractu. Inst. 3. 14. 2. Dig. 4. 1. pr. Adopted by Bracton, but not much used in this sense in modern law. Bract, fol. 99, 101, 102. Out of a vicious or illegal act. Ex maleficio non oritur contractus. A contract cannot arise out of an act radically vicious and illegal. 1 Term R. 734. Lord Kenyon, C. J., 3 Id. 422. Broom's Max. 351.