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Discharge

The document discusses various ways in which a party may be discharged from a legal claim or liability, including waiver, accord and satisfaction, release, acquisence, limitation, and judgement recovered. Waiver occurs when a party chooses not to pursue a legal remedy that was available to them. Accord and satisfaction happens when the parties arrive at a settlement before going to court. Release is a covenant not to sue, whether written or oral. Acquisence results if a party does not object to a wrong. Limitation refers to timelines in limitation acts within which a party must approach the courts. Judgement recovered means that a court has already determined the rights and liabilities in a case.

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Ishita Uprale
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18 views

Discharge

The document discusses various ways in which a party may be discharged from a legal claim or liability, including waiver, accord and satisfaction, release, acquisence, limitation, and judgement recovered. Waiver occurs when a party chooses not to pursue a legal remedy that was available to them. Accord and satisfaction happens when the parties arrive at a settlement before going to court. Release is a covenant not to sue, whether written or oral. Acquisence results if a party does not object to a wrong. Limitation refers to timelines in limitation acts within which a party must approach the courts. Judgement recovered means that a court has already determined the rights and liabilities in a case.

Uploaded by

Ishita Uprale
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Discharge – Topic 5

Heads under this


1. Waiver
2. Accord and Satisfaction
3. Relief
4. Aquisence
5. Judgement Recovered
6. Limitation
Waiver
 Criminal, civil, constitution. Remedies
 If under criminal law you choose to not bring an action when there is an action
available, you have released the person.
 In the case of Civil wrong you choose to waive, when you do not bring an action
 If there is a remedy under torts and the civil case and the court has to decide on the
same facts and action but only the application of law is different, then you have the
choice, if you choose one then you cannot chose another, like if I chose torts I will not
be able to claim under the contract. (Doctrine of election)
 Tort is a better place to ask for damages, as along with restitution you will be able to
claim exemplary and nominal damages. As matter of rule contracts you wont be able
to get but in practice maybe, plus the exemplary damages you wont get in contracts.
 Doctrine of election will lead to a waiver as choosing one remedy will forfeit the
remedy under the other contract.
 Under the contract itself you will have the choice for two substantive rights, which are
inconsistent with each other. This is the second level where this operates.
 Ex ; Breach of contract vs validity of a contract – in one your approving the validity
and asking for a breach. You can chose between. This is the second level in which
waiver doesn’t operate.
Accord and Satisfaction
 Parties can arrive at settlement even before approaching the court.
 One party arrives at a settlement and the other party is satisfied with that settlement.
 The aggrieved party cannot go to court, as the party will claim that there was already
accord and satisfaction.
 For accord and satisfaction, the time and the extent are relevant, for extent of the
injury and that time only he can claim accord and satsifcation, but if there is an new
cause of action with a greater liability then this cant be relied upon.
 Ex ; injury but the person dies later, accord and satisfaction only for injury and not to
death.
 In terms of joint tortfeasors, an accord and satisfaction there is one which operates
against all.
Release
 Covnenant not to sue amounts to a release, this can be written or oral.
 There is an agreement with your brother who is your neighbour, if there is damage
during construction and then you say that its okay
 Diff – you don’t chose at all here where there choosing one will discharge.
Acquisence;
 When you do not object to the discontentment then you lose the cliam
 It’s the discretion of the court.
 Cause a mere delay wouldn’t lead to him losing the right.
Limitation
 Under limitation act its barred
 There are timlines under this act within which you need to approach.
 If you don’t approach then you can file application of condonation of delay.
 Its discretionary for the court to consider the application of condonation of
delay.
 Last the 3 clauses, of the plaint has that the suit is not barred by limitation.
 Continuing habit of tort, everytime its committed then the period of limitation starts.
 If the court finds its barred then the suit is automactivally dischareged
Judgement Recovered.
 A court has been approached, determined the rights and liabilities.
 Then the party is discharged
 It’s the most appropriate, because the wrong done has been remedied.
 This important as the plaintiff may misconstrue the facts to ask for more damages. In
the same facts and the same cause of action.
 Therefore, all causes of actions reasonable comprehendible by the parties they must
be put in the same cause of action in the plaint.
 There might be distinct causes of action that may be filed separately.
 They might differ in time, different law.

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