Latin for Lawyers

L ATIN FOR L AWYERS

EXCULPATORY CLAUSE A clause in a document such as a contract or lease which relieves a party from liability for his wrongful act; e.g., his negligence in performing his duties. These clauses are common in leases drawn by a landlord, in trust instruments or in any instance in which one party has a stronger bargaining position than the other. EX CURIA [L. ex + curia / the meeting place of the Roman Senate] Out of court; in a place away from the court. EXCUSE, EXCUSABLE [L. excuso, excusare / to excuse a person; to exempt from blame] To free, exempt or release from a duty. Examples: he was excused from ser vice on the jury; she was excused from attending class. Also, to forgive or accept. To justify. In the law, an excusable act is one which would ordinarily be regarded as illegal or criminal except for exigent circumstances. These cir cumstances are regarded as sufficient justification to release the perpetrator from punishment or liability. An excusable homicide is the killing of a human being either in self-defense or as the result of an unavoidable accident. Excus able neglect is the failure to comply with a duty or condition when the failure is caused by circumstances beyond the party's own control, e.g., in an acci dent or by intervening force. EX DEBITO [L. ex + debere / to owe] Arising out of a debt or obligation. An obligation which may be enforced by the obligee as a matter of right. See EX GRATIA EX DELICTO [L. ex + delictum / fault, crime] Arising out of a wrong; a cause of action in tort or based upon a wrongful act. A cause of action for breach of a duty arising under a contract can be ex delicto , in contrast with an action for breach of a contractual promise, which will be ex contractu . ( Ex delicto is used interchangeably with ex maleficio .) See DELICTUM ; EX CONTRACTU ; EX MALEFICIO EX DELICTO TRUST A trust created for an unlawful purpose; e.g., a trust created to frustrate the claims of the settlor’s creditors. EX DIVIDEND Literally, without a dividend. A stock or security which is purchased or traded without a right by the purchaser to claim a dividend which was

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