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    Discharge of Torts

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    Adeel
    There are several ways in which liability for a tort can be discharged. They include: 1. Death of one of the parties, though some actions now survive death. 2. A judgment being recovered in a court case for the tort. 3. The statute of limitations expiring, limiting the time one can take legal action. 4. Waiver, release, accord and satisfaction, or acquiescence, where the injured party voluntarily gives up their right to claim damages.

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    Discharge of Torts

    Uploaded by

    Adeel
    291 views2 pages
    There are several ways in which liability for a tort can be discharged. They include: 1. Death of one of the parties, though some actions now survive death. 2. A judgment being recovered in a court case for the tort. 3. The statute of limitations expiring, limiting the time one can take legal action. 4. Waiver, release, accord and satisfaction, or acquiescence, where the injured party voluntarily gives up their right to claim damages.

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    There are several ways in which liability for a tort can be discharged. They include: 1. Death of one of the parties, though some actions now survive death. 2. A judgment being recovered in a court case for the tort. 3. The statute of limitations expiring, limiting the time one can take legal action. 4. Waiver, release, accord and satisfaction, or acquiescence, where the injured party voluntarily gives up their right to claim damages.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    291 views2 pages

    Discharge of Torts

    Uploaded by

    Adeel
    There are several ways in which liability for a tort can be discharged. They include: 1. Death of one of the parties, though some actions now survive death. 2. A judgment being recovered in a court case for the tort. 3. The statute of limitations expiring, limiting the time one can take legal action. 4. Waiver, release, accord and satisfaction, or acquiescence, where the injured party voluntarily gives up their right to claim damages.

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    Tamoor Mughal (LLM Corporate Law)

    "Discharge of Torts".
    The following are the modes through which liability in Torts can be discharged -

    a) Death of a party - "Actio personalis maritur cum persona" means Personal actions of a
    person die with the person. But not always. In several cases, the cause of action remains
    valid even after death of wrongdoer. For example, Workers' Compensation Act, Fatal
    Accidents Act, etc.
    b) Acquiescence - If the party whose right is being violated does not protest and allows the
    transgression to happen without any restriction.
    c) Waiver - If the plaintiff starts proceedings for one remedy for example, Civil suit, he
    cannot file another suit under another remedy such as Tortios Suit for the same cause.
    d) Release - If the plaintiff voluntarily releases the wrongdoer from liability.
    e) Accord and Satisfaction - If the parties compromise and settle the dispute.
    f) Judgement Recovered - "res judicata" - upon the damages awarded by the court.
    g) Statute of limitation - Suit must be filed within the time frame provided by statutes of
    limitations.

    If a tort is committed a right of action arises in favour of the injured person.It comes to an end by
    one of the following methods.Thus the extinction of liability is known as "Discharge of Torts".

    1. Death of one of the Parties

    2. By Judgment recovered

    3. By Limitation

    4. By Waiver

    5. By Release

    6. By Accord and Satisfaction

    7.Acquiescence
    Tamoor Mughal (LLM Corporate Law)

    1. Death of one of the Parties :

    Death of one of the Parties ,it means Previously death extinguished all the liabilities of the
    person.But after the Law Reforms Act 1934,it was decided that death extinguished only the
    liability for personal torts like defamation,assault etc..All the other causes of action survive to the
    legal representatives of the deceased.

    2. By Judgement recovered :

    If an action is brought before the court seeking redress for the tort committed and the judgement
    is given,the liability for that particular tort comes to an end.If the plantiff fails,he cannot go in for
    another legal proceedings.

    3. By Limitation :

    According to law,for every enforcement of person's right a certain period is fixed.This is done on
    the basis that law will not help dormant persons.Moreover,a person will not be able to establish a
    defence due to death of witnwss or loss of evidence,after certain time.

    4. By Waiver :

    By Waiver of Torts,for the same wrong,if there are more than one remedy and the plantiff selects
    one remedy and leaves the others,he is said to have waived the other remedies.He cannot pursue
    the remedies,which he had given up.Waiver may be either express or implied.Waiving of torts
    means that only the right to recover damages for the torts is waived and not the whole of tort is
    waived.

    5. By Accord and Satisfaction :

    If the plantiff and the defendant agree to settle the liability by valuable consideration,the tort is
    discharged.This agreement is called "accord" and the consideration is called "satisfaction".When
    the satisfaction is performed the right of action comes to an end.

    6. By Release :

    By release, the injured party releases the wrongdoer by a document,then the liability is
    discharged.In accord and satisfaction there is valuable consideration,but in this method there is
    no consideration.

    7. Acquiescence :

    When a person who is entitled to enforce a right neglects to do so for a very long time,it is
    impliedly inferred that he has waived or abandoned his right.His right of action is taken away by
    such undue delay.

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