Ex contractu is a Latin term that means “from a contract” in English. This term is used in legal contexts to refer to the rights and obligations that arise from a contract. When two parties enter into a contract, they create a legally binding agreement, and the principles of ex contractu govern the rights and duties that emerge from that agreement.
For example, if one party fails to fulfill their contractual obligations, the other party may have legal remedies available under ex contractu principles. These remedies may include damages, specific performance (forcing the breaching party to fulfill their obligations), or other relief specified in the contract or allowed by law.
On the other hand, ex delicto is another Latin term that means “from a wrong” and is used to describe obligations or rights arising from a tort or civil wrong. The distinction between ex contractu and ex delicto is significant in legal discussions as it helps to determine the appropriate legal principles and remedies applicable to a given situation.