ex contractu en · ADJ
Pronunciation
- /ɛks kənˈtɹæktu/ (General-American)
- (Received-Pronunciation) audio
- /ɛks kənˈtɹækt(j)uː/ (Received-Pronunciation)
Etymology
From Latin ex (“from”) + contractū (ablative singular of contractus (“contract”)).
Meanings
-
(not-comparable, postpositional) Of a legal obligation: arising from a contractual relationship.
This act [An Act anent the Aliment of Poor Prisoners 1696 (chapter 32; Parliament of Scotland)] was clearly intended to regulate the case of civil debts; but the question occurred whether by civil debts was meant debts ex contractu, or debts also ex delicto; and the Court were at first of opinion that debtors, whose debts arose ex delicto, were not entitled to the benefit of the statute. [...] The opinion was however given up by the Court in 1787; and debts, though arising ex delicto, were held to be civil debts in the sense of the act, and as such, did not exclude the debtor from the benefit of the statute.
1815, Robert Bell, A Dictionary of the Law of Scotland: […], 2nd edition, volume I, Edinburgh: Printed by Alex. Smellie, for John Anderson & Company; London: Longman, Hurst, Rees, Orme, & Brown, →OCLC, page 13:Obligations quasi ex contractu are those, for the most part, for which a liability is implicit in a relation and is imposed by law, though not created or undertaken by any direct act of the obligor.
1936, C[harles] Reinold Noyes, The Institution of Property: A Study of the Development, Substance and Arrangement of the System of Property in Modern Anglo-American Law, New York, N.Y.; Toronto, Ont.: Longmans, Green and Co.; London: Humphrey Milford, →OCLC, page 212:Personal actions are in form ex contractu or ex delicto, or, in other words, are for breach of contract, or for wrongs unconnected with contract. Those upon contracts are principally assumpsit, debt, covenant, and detinue [...]
1837, Joseph Chitty, Thomas Chitty, A Treatise on the Parties to Actions, and on Pleading: […], 7th American edition, volume I, Springfield, Mass.: G. and C. Merriam, →OCLC, page 110:In drawing the pleadings, and framing the declaration of the cause of action against a husband, or an executor, in respect of the funeral expenses of the wife or the testator, it must be stated, in order to show a good legal ground of action ex contractu upon the record, that the things furnished were supplied at the request of the husband, or the executors, and a promise to pay for them must be alleged.
1847, C[harles] G[reenstreet] Addison, A Treatise on the Law of Contracts and Rights and Liabilities Ex Contractu, London: W. Benning & Co., →OCLC, page 213:The leading distinction between obligations ex contractu and obligations quasi ex contractu is, that in the former one chooses to bind himself to another, in the latter he is placed in such circumstances that he is thereby bound to another.
1874, Thomas Collett Sandars, The Institutes of Justinian: With English Introduction, Translation and Notes, 5th edition, London: Longmans, Green, and Co., →OCLC, page 379:
Relateds
Translations (2)
sh ugovorno (of a legal obligation: arising from a contractual relationship) · sh po ugovoru (of a legal obligation: arising from a contractual relationship)