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Discharge of Tort

The document discusses various ways in which a defendant's liability for a tort can be discharged, including by waiver, accord and satisfaction, release, acquiescence, judgment, death, and limitation. It provides details on each method such as what qualifies as a waiver, how accord and satisfaction operates, and limitations around releases. It also discusses how death of either the wronged person or wrongdoer affects liability.

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Manmohan Aggarwal
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33 views13 pages

Discharge of Tort

The document discusses various ways in which a defendant's liability for a tort can be discharged, including by waiver, accord and satisfaction, release, acquiescence, judgment, death, and limitation. It provides details on each method such as what qualifies as a waiver, how accord and satisfaction operates, and limitations around releases. It also discusses how death of either the wronged person or wrongdoer affects liability.

Uploaded by

Manmohan Aggarwal
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
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Discharge of tort

Meaning
• Discharge of tort means when defendant is no longer liable for the
tort committed by him. It is also called extinction of the liability
• There are following ways for the discharge
1. By Waiver or election
2. By Accord and satisfaction,
3. By release,
4. By Acquiescence

5. By, Judgement,
6. By Death.
7. By Limitation
Waiver by Election
• If a person has several remedies for the same wrong
but chooses only one of them, the other remedies are
taken to have been waived.
• Thus, if the defendant obtains the plaintiff’s money by
fraud or other wrong, the plaintiff may sue him in tort
or for money had and received.
• Similarly, if a man is wrongfully deprived of his goods,
which are afterwards sold, he may bring an action for
damages for the tort, or he may sue for the price
received by the defendant.
• if the plaintiff sold his goods to the defendant because
of fraud, he may either affirm the contract and sue for
price or he may treat the contract as void and sue for
damages for fraud.
• Choosing one will waive another
Modes of waiver
• Waiver may be express or implied.
• Waiver avoids multiplicity of proceedings and when a
person gives an impression that he has waived a
particular remedy, it would not be equitable to allow
him to go back to that alternate remedy.
By Accord and Satisfaction

• An accord is an agreement between two or more


persons, one of whom has a right of action against the
other, that the latter shall render and the former accept
something in satisfaction of the right of action.
• When the agreement is executed, and satisfaction has
been made, the arrangement is called accord and
satisfaction, and operates as a bar to the right of action.
• An accord without satisfaction is not a bar.
• Compromise of a criminal case is not a bar to a civil
claim unless there is an agreement to that effect.
Release

• A release is meant as the giving up or discharging of


the right of action which a person has or may have
against another man.
• But a release executed under a mistake or in ignorance
of one’s rights, or obtained by fraud, is not valid.
• A covenant not to sue at all is equivalent to a release
and may be pleaded in bar. A mere covenant not to sue
one of two joint tortfeasors does not operate as a
release so as to discharge the other.
Acquiescence

• In cases where a person who is aware that he is entitled


to enforce a right, neglects to do so for a period of
time, the other party may fairly infer that he was
waived or abandoned his right.
• But to deprive a man of his legal remedies, there must
be something more than mere delay.
• Direct acquiescence takes away the right of action.
• It is an instance of estoppel.
• The doctrine is founded upon conduct with knowledge of
one’s legal rights.
By Judgment

• If a wrong is done, and a judgment is recovered in a court,


the judgment is a bar to the original cause of action.
• No fresh suit can be brought in respect of it.
• The person injured cannot bring a second action for the
same wrong even though it is subsequently found that the
damage is much greater than was anticipated when the
action was brought.
• Where the injury is of a continuing nature, the bringing of an
action and the recovery of damages for the perpetration of
the original wrong does not prevent the injured party from
bringing a fresh action for the continuance of the injury.
By Death
• ‘Actio personalis moritur cum persona’ is the common
law maxim that applies here, which means the personal
right of action dies with the person. There is a
possibility of two situations in case of death of parties:
• 1) Death of wronged person, i.e., against whom the
tort is committed.
• 2) Death of wrongdoer, i.e., who has committed a tort.
• If there has been the death of the wronged person, the legal
heirs can claim damages from the defendant for the
proprietary wrong, i.e., if the tort was committed against
property, in the case of nuisance, trespass, negligence,
fraud, waste, etc. But if there has been a case regarding
personal tort, then the defendant cannot be sued which
means that even in case of death of wrongdoer the legal
heir of the deceased is not liable for the personal tort of the
wrongdoer.
• Personal torts are referred to those torts which are affecting
the mind and body of the person, i.e., assault, battery, false
imprisonment, defamation etc.
By Limitation
• Actions of torts must be brought within the statutory period, otherwise
the right to sue is barred.
• In the case of wrongs which are actionable per se, the period of
limitation runs from the time when the wrongful act is committed
• But for those wrongs which are actionable only when the plaintiff
proves that he has suffered actual damage and the period starts from
the plaintiff’s first sustaining actual injury.
• Thank You

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