Tort dischagre of tort

It contains modes in which defendant is relieved from his tortious liability.

1. Dr. Khakare Vikas
DISCHARGE OF TORTS
Dr. Khakare Vikas S.
Associate Professor
Narayanrao Chavan Law college, Nanded

2. Dr. Khakare Vikas
What is discharge of torts?
•When a person commit any wrongful act; it is a torts and create
liability /charge to pay damages to the person against whom such
wrongful act has been committed.
•Under certain circumstances this liability comes to an end. This is
known as discharge of torts.

3. Dr. Khakare Vikas
Modes/ways of discharge of torts
1.Death of parties
2.Waiver
3.Accord and satisfaction
4.Release
5.Acquiescence
6.Judgment recovered
7.Statutes of limitation

4. Dr. Khakare Vikas
1. Death of parties
•For institution of a suit, parties must be alive.
•This was the most common mode of discharge
of torts.
•This was based on the maxim ‘actio personalis
moritur cum persona’ which means, where a
person dies the personal action also comes to
an end.
•This rule was in feudalistic period; but in modern
period, this rule is found in exceptional.

5. Dr. Khakare Vikas
...
•The Law Reform Act 1934 made some provisions which survives
even after death of a party.
1.On death of party, right to action shall survive except for
defamation.
2.Under various labour laws, certain actions survives after death of a party.
•In India, as per the provisions of Civil Procedure Code, a suit can
be instituted after death of person if ‘right to sue’ survive after the
death.
•If a person dies after institution of suit and ‘right to sue’ survive to
his legal heirs, they may continue the suit.

6. Dr. Khakare Vikas
2. Waiver
•If plaintiff claims one/some of many remedies available to
him and waive the other remedies. Then defendant’s liability
comes an end to the extent of such waived remedy.
•If plaintiff can claim injunction and damages; but he claimed
only injunction and waived remedy of damages. Then
defendant is discharged from the liability of damages.
•If plaintiff claims some of the available remedies and remain
silent for some remedies; then it is deemed that plaintiff
waived these remedies.

7. Dr. Khakare Vikas
3. Accord and satisfaction
•If there is an agreement / accord between parties and accordingly
consideration is paid; defendant is discharged from the liability.
•Consideration may be given immediately or in future.

8. Dr. Khakare Vikas
4. Release
•Injured person i.e. plaintiff can always release the wrongdoer i.e.
defendant, with or without consideration. By this the wrongdoer is
discharged from the liability.

9. Dr. Khakare Vikas
5. Acquiescence
•If the injured person, having full knowledge of his right, does not
take any action or neglect to take action for a considerable long
time; it is inferred that the person has abandoned his right to take
action. This is known as acquiescence.
•Law helps to those who vigilant about their rights and not to those
who sleep over their rights.

10. Dr. Khakare Vikas
6. Judgment recovered
•When a suit has been disposed; second suit cannot be instituted
for the same cause.
•This is based on the doctrine of ‘res judicata’ which bar second
suit between same parties for same cause. This is done with an
object that every litigation should have an end.

11. Dr. Khakare Vikas
7. Statutes of limitation
•The Limitation Act prescribes certain time period within
which plaintiff must take legal action otherwise suit is time
barred and defendant is discharged from the liability.

12. Dr. Khakare Vikas
Thank you