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Action Ex Delicto means a legal action for a breach of a duty that is not stated in a contract but arises pursuant to the contract. ‘Ex delicto’ is a Latin term , meaning ‘from a wrong or from a transgression.’ Therefore, action ex delicto is an action arising out of the breach of a duty or obligation created by positive law, independent of contract.
Action Ex Delicto is a personal action arising out of a tort. Originally, action ex delicto referred to the action of trespass and action of replevin.