Discharge of Tort

Discharge of Torts

Discharge of Torts

To fulfill the loss or harm is discharge of Tort. Whenever there is a right of action for a Tort, it may be discharged by following ways:

Death of Parties


Plaintiff

“Actio personalis mortum cum person”.
It means “a personal right of action dies with the death of person”.
At common law, no one can recover the damages after the death plaintiff.



Defendant

If defendant dies during proceedings and he left nothing behind then his relatives are not liable to give damages to plaintiff.

Waiver

It literally means “to abandon something”. When a man has more than one remedies for a Tort, he elects to per sue one of them giving up the other, the other remedies are waived.
Like: – if a plaintiff sold his goods to the defendant because of fraud, he may either affirm the contract or sue for price or he may treat the contract as void and sue for damages for fraud.

Release

It is actually to surrender your right of action with your consent; it may be with compensation or without compensation.

Accord and Satisfaction

Accord indicates the agreement and satisfaction, the consideration which makes it operative. When the agreement is executed and satisfaction has been made, the agreement is called accord and satisfaction and operates as a bar to the right of action.
Accord and satisfaction does not bar the right of action.

Judgment Recovered or Res Judicata

The injured person cannot bring a second action for the same wrong even though it is found that the damage is much greater when the decision or judgment brought.

Statutes of Limitation

There is a specific time period within which you can sue for the Tort committed against you. After that the Tort will be discharged, right would be there but law would not help you in this matter.

Acquiescence

When a person who knows that he entitled to enforce a right, neglects to do so for a length of time, the other party fairly infer that he has waived or abandoned his right.

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