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.

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