ex contractu
Ex contractu is a Latin term meaning “from a contract” or “arising out of a contract.” It describes legal rights, obligations, or causes of action that originate from an agreement between parties. A claim ex contractu arises when one party breaches a contractual duty, whether the contract is express or implied in fact. Actions ex contractu are governed by the principles of contract law and seek to enforce promises or obtain compensation for their breach.
By contrast, legal actions ex delicto (also called ex maleficio, meaning “from a wrong”) arise from violations of duties imposed by law rather than by agreement. Actions ex delicto form the basis of tort law, encompassing wrongs such as negligence, defamation, or fraud. Ex contractu actions are contractual in origin, while ex delicto actions are tortious in origin.
[Last reviewed in October of 2025 by the Wex Definitions Team]
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