Define: Action Ex Delicto

Action ex delicto is a legal term that refers to a cause of action arising from a wrongful act or tort. In this type of action, the injured party seeks compensation for the harm caused by the defendant’s wrongful conduct. The term “ex delicto” is derived from Latin, meaning “from the wrong.”

To bring an action ex delicto, the plaintiff must establish four essential elements: duty, breach, causation, and damages. The defendant must owe a duty of care to the plaintiff, which they have breached through their wrongful act or omission. This breach must be the direct cause of the plaintiff’s injuries or damages. Finally, the plaintiff must have suffered actual harm or damages as a result of the defendant’s actions.

Examples of actions ex delicto include personal injury claims, such as car accidents, medical malpractice, or slip and fall cases. In these situations, the injured party seeks compensation for their physical injuries, emotional distress, medical expenses, lost wages, and other related damages.

It is important to note that an action ex delicto is a civil matter, and the burden of proof lies with the plaintiff. The plaintiff must prove their case by a preponderance of the evidence, meaning that it is more likely than not that the defendant’s wrongful conduct caused the harm alleged.

In conclusion, an action ex delicto is a legal claim that arises from a wrongful act or tort. It allows the injured party to seek compensation for the harm caused by the defendant’s actions.

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: 29th March 2024.