Legal Definitions - ex mutuo

EX MUTUO

Ex mutuo is a Latin term that means "from loan" or "out of loan." In old English law, a debt was said to arise ex mutuo when one person lent another something that could be measured, weighed, or counted.

For example, if John borrowed $500 from Jane, the debt would be considered ex mutuo because it arose from a loan of money. Similarly, if Sarah borrowed a bag of flour from her neighbor, the debt would also be ex mutuo because it arose from a loan of something that could be measured.

Another example would be if Tom borrowed a car from his friend, the debt would not be ex mutuo because a car cannot be measured, weighed, or counted.

The examples illustrate the definition of ex mutuo by showing that the debt arises from a loan of something that can be measured, weighed, or counted. This means that the borrower is obligated to repay the lender with something of equal value or quantity. If the borrower fails to repay the debt, the lender can take legal action to recover the amount owed.