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torts:discharge_of_tortious_liablity

Discharge Of Tortious Liablity

The following are the modes through which liability in Torts can be discharged -

  1. 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.
  2. Acquiescence - If the party whose right is being violated does not protest and allows the transgression to happen without any restriction.
  3. 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.
  4. Release - If the plaintiff voluntarily releases the wrongdoer from liability. In England, consideration is must. In India, no consideration is required.
  5. Accord and Satisfaction - If the parties compromise and settle the dispute.
  6. Judgement Recovered - “res judicata” - upon the damages awarded by the court.
  7. Statute of limitation - Suit must be filed within the time frame provided by statutes of limitations.


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Created on 2020/10/19 23:15 by • Last modified on 2020/11/07 18:34 (external edit)