Growing out of, or founded upon, misdoing or tort. This term is frequently used in the civil law as the synonym of "ex delicto" (q. v.) and is thus contrasted with "ex contractu". In this sense it is of more rare occurrence in the common law, though found In Bracton, (fols. 99, 101, 102.) Ex maleficio non oritur contractus. A contract cannot arise out of an act radically … [Read more...]
EX EMPTO
Out of purchase; founded on purchase. A term of the civil law, adopted by Bracton. Inst 4, 6, 28; Bract fol. 102. See ACTIO EX EMPTO. … [Read more...]
EX MALITIA
From malice; maliciously. In the law of libel and slander, this term imports a publication that is false and without legal excuse. Dixon v. Allen, 69 Cal 527, 11 Pac. 179. … [Read more...]
EX FACIE
Latin meaning On the fact of it. … [Read more...]
EX MERO MOTU
Of his own mere motion; of his own accord; voluntarily and without prompting or request. Royal letters patent which are granted at the crown's own instance, and without request made, are said to be granted ex mero motu. When a court interferes, of its own motion, to object to an irregularity, or to do something which the parties are not strictly entitled to, but which will … [Read more...]