Also known as: ex-delicto · from a tort · arising from tort
Written by attorneys · grounded in primary & secondary sources — see below
A claim or cause of action arising from a tort or other civil wrong rather than from a contractual promise.
Select any source to read its text and confirm it supports the definition.
Ella Emerson suffered permanent injuries when Echelon Security's employee negligently caused a vehicle collision. At trial the jury calculated her projected lost wages over the next twenty years and reduced that total to present value before entering judgment.
Elliot Edmonds's attorney deliberately concealed a settlement offer to punish him after a billing dispute. Because the attorney acted with intent to cause harm, Elliot recovered the full amount of damages despite later refusing a renewed offer.
Ezra Eastman was fired after refusing to falsify records. He sued his employer alleging the discharge violated public policy and framed the claim as one arising from breach of a legal duty rather than from any promise in his employment contract.
Elena Estrada sued the city after its employees violated her constitutional rights during an arrest. She brought the claim directly against the municipality under a theory that treated the conduct as a civil wrong for which the entity could be held responsible.
An ex delicto action arises from a tort or breach of a legal duty imposed by law, while an ex contractu action arises from breach of a promise contained in a contract.
Yes. When the tortfeasor intended the harm or acted with reckless disregard, the plaintiff is not barred from full recovery even if the plaintiff later failed to mitigate, unless the plaintiff intentionally or heedlessly failed to protect his own interests after learning of the danger.
A lump-sum award for future pecuniary losses is measured by the present worth of the full amount of the loss that would have been received at the later time.
…of the nature of the action contrasts with our Tameny analysis, in which we deemed the public-policy-based cause of action as "ex delicto," or arising "from a breach of duty growing out of the contract," rather than "from a breach of a promise set forth in the contract" or "ex contractu." (27 Cal.3d at p. 175.) As we…