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 vicious and illegal. 1 Term, 734 ; 3 Term, 422; Broom, Max. 734.
Ex malis moribus bonst leges nat sunt. 2 Inst. 161. Good laws arise from evil morals, i.e., are necessitated by the evil behavior of men.