Discharge of Tort
Discharge of Tort
Discharge of Tort
2) Meaning of tort
The word tort has been derived from Latin word “Tortum” which means to conduct
2. Waiver by election
Where an injured person has more than one remedy for a tort and he select one of them for
legal action, giving up others, the other remedies are waived. He cannot pursue them if he
fails in the one elected. Waiver means to give up. The injured person discharged his right of
action against the wrong doer for some reason and is not ready to proceed in the court of
law.
3. Accord and satisfaction
Accord is mutual agreement between injured person and wrong doer by which injured
person agrees to discharge his right of legal action against any compensation offered by the
wrong doer. The amount for compensation by wrong doer to injured person is called
satisfaction. The right to take legal action against the wrong doer will be discharged when
injured person and wrong doer enters into accord and satisfaction
4. Release
A release is the discharging the right of action which injured person has against wrong doer.
But this release should be voluntary and should not be obtained by threat, or force. The
injured person does not proceed in court of law against wrongdoer once he has released his
right of legal action.
5. Judgment
A judgment is the discharging the right of action which injured person has against wrong
doer. According to it the injured person cannot take legal action against wrong doer again
and again for the same tort. More than one action cannot be taken against any person on
the same tort. It is the also the major reason of discharge of the tort
6. Time limitations
The law prescribes time limit within which an action should be taken for the wrong and if
this proscribed period is over, the right of action will be expired and compensation will not
be made to injured person. Law helps those who care their rights because delay defeat
justice. Law will not help to those who were sleeping over on the violation of their right for
long time.
The object of the time limitation enables injured person to take legal action against wrong
doer as soon as possible
5) Kinds of torts
Following are the three kinds of torts. Details are as under
1. Intentional tort
When a wrong doer intentionally commits a civil wrong against other person is called
intentional tort
1) Criminal wrongs
2) Breach of contracts
3) Breach of trust
Illustration
If A enters into the land of B without permission of B. A has committed tort of trespass.
7) Conclusion
Tort is a civil wrong in which wrong doer is liable to pay compensation to injured person .
Such compensation which has been made through court of law is called legal remedy for
wrong or tort. In case of discharge of tort, injured not remain able to take legal action
against wrong doer and there are a lot of reason which are becoming the reason of the
discharge of the tort. There is a bug in the law of tort which is that if a person who is
wealthy can committee wrong with other person and can release himself by paying
compensation to injured person