Ex contractu, the Latin locution for “from a contract” or “arising from / based on a contract”, is a term used to describe any consequence arising from a contract. Oftentimes, the term ex contractu is used to describe a cause of action arising from a breach of a provision written in a contract. An ex contractu action can be based on a contract, whether the contract is express or implied.
The source of a legal action can be either ex contractu or ex delicto. Ex delicto actions (also named ex maleficio) – in Latin “from a wrong”– are actions arising from a wrong other than a breach of contract (such as a breach of duty for instance). Ex contractu actions arise under contract law whereas ex delicto actions encompass tort law.
[Last updated in April of 2022 by the Wex Definitions Team]