Growing out of, or /founded upon, misdoing or tort. This term l is frequently used in the civil law as thesynonym of “ex delicto” (q. v.,) and is thus contrasted with ” ex contractu .” In this senseit is of more rare occurrence in the common law, though found in Bracton, (fols. 99,101, I 102.) tEx maleficio non oritur contractus. Acontract cannot arise out of an act radically vicious and illegal. 1 Term, 734; 3 Term, u422; Broom, Max. 734. IflEz malis moribus bouse leges natse sunt. 2 Inst. 161. Good laws arise from evilmorals, i. e., are necessitated by tbe evil behavior of men.
Black’s Law Online Dictionary
