Definition of Ex Contractu
From or out of a contract. In both the civil and the common law, rights and causes of action are divided into two classes, those arising ex contractu (from a contract), and those arising ex delicto (from a delict or tort). 3 Bl.Comm. 117. Where cause of action arises from breech of a promise set forth in contract, the action is “ex contractu", but where it arises from a breech of duty growing out of contract, it is “ex delicto". Eads v. Marks, 39 C.2d 807, 249 P.2d 257, 260. See also Ex delicto.
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