Define: Actio Ex Delicto

Actio Ex Delicto is a legal term that refers to a type of action or lawsuit that arises from a wrongful act or delict. In Roman law, it was a form of civil action that allowed an injured party to seek compensation for damages caused by another person’s wrongful conduct.

The term “delict” encompasses a wide range of wrongful acts, including, but not limited to, intentional torts such as assault, battery, defamation, and fraud, as well as negligence-based torts like negligence causing injury or property damage.

Actio Ex Delicto provides a legal remedy for the injured party by allowing them to bring a civil lawsuit against the wrongdoer. The purpose of this action is to seek compensation for the harm suffered, which may include monetary damages, restitution, or injunctive relief.

To succeed in an Actio Ex Delicto claim, the plaintiff must establish the following elements: the existence of a wrongful act or delict committed by the defendant, a causal connection between the wrongful act and the plaintiff’s harm, and the resulting damages suffered by the plaintiff.

The burden of proof lies with the plaintiff, who must present evidence to support their claim. The defendant, on the other hand, has the opportunity to present a defence, such as denying liability, asserting contributory negligence, or claiming that the plaintiff’s damages are not causally connected to their actions.

Actio Ex Delicto is an important legal concept that allows individuals to seek justice and compensation for harm caused by others. It serves as a deterrent against wrongful conduct and promotes accountability in society.

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 11th April 2024.