Skip to main content

Extinction of liability under tort

 Extinction of liability under tort 


Extinction of liability or discharge of liability refer to a circumstance where the liability of a tortfeasor may extinct oner a certain period of time. This means that although a tortfeasor was liable, the time to seek remedy stops. The wrongdoer does not have to pay compensation to the plaintiff. 

The reasons why extinction off liability occur are as follows- 


1.  Death of party-  “Actio Personalis Moriture Cum Persona” meaning death destroys right of action.  Death of any party be it the plaintiff for the defendant can lead to extinction of  liability, however, few exceptions like tort suits concerning property, the legal heir can claim compensation. 

This is only applicable on personal tort cases  like  defamation, libel, battery, i.e.


2. Release & Waiver-  Instances may arise when a person is receiving multiple remedies can waive a remedy, however they cannot approbate and probate at the same time. Giving up on the the right to receive a remedy according to  voluntarily basis, this should not be coerced or forced upon. Release of lawsuit without any reasons, could be because of the waste of time and energy . 


3. Accord and satisfaction- Make an agreement with the opposing parties by requesting to give up the charges of the lawsuit, for valuable considerations that could be a return of favour or  monetary rewards. Satisfaction of both the parties play a key element in this method of discharge of liability so that they do not have to pro-long the issues in court.


4. Statute of limitations- there is a reasonable time period to sue a person, you cannot sue someone for a civil suit after  many years (say twenty years) after the tort has been committed. Due to time constrains the liability of a tortfeasor will extinct if the  law suit isn’t filed before the statute of limitation, which is three years for damages in personal injury and six years for the others. 













Comments

Popular posts from this blog

Concept of constitutionalism

  Concept of constitutionalism Who Started Constitutionalism? John Locke - The English Bill of Rights is a foundational constitutional document that helped inspire the American Bill of Rights. Political theorist  John Locke  played a huge role in cementing the philosophy of constitutionalism.  Constitution is a written law which describes the structure of Government, the rules according to which the Govt. must work and the boundaries within which the Govt. must work. Constitutionalism   can be defined as the doctrine that governs the legitimacy of government action, and it implies something far more important than the idea of legality that requires official conduct to be in accordance with pre-fixed legal rules. Constitution constitution is the document that contains the basic and fundamental law of the nation, setting out the organization of the government and the principles of the society. Basic norm (or law) of the state; System of integration and organi...

business tips

1. Have a clear vision for your business and strive to achieve it. 2. Hire great people and give them ownership in the company. 3. Provide excellent customer service. 4. Establish yourself as an expert in your field. 5. Develop relationships with key suppliers, customers, and partners. 6. Keep track of your finances and invest in marketing and innovation. 7. Utilize digital platforms to reach a larger audience. 8. Take calculated risks and back yourself. 9. Continuously strive to improve your products and services. 10. Make customer satisfaction your priority.

Effects of Non-Registration

 Effects of Non-Registration The Companies Act, 2013 evidently highlights that the main essential for any organization to turn into a company is to get itself registered. A company cannot come into existence until it gets registered. But no such obligation has been imposed for firms by the Indian Partnership Act, 1932. If a firm is not registered it does not cease to be called as a firm, it still exists in the eyes law. Certainly, such a big advantage is not absolute but is subjected to a lot of limitations which we will study further. Non-registration of a firm simply means that the business skips the formalities of incorporation and ceases to exist in the eyes of the law. section 58 of the Indian Partnership Act, 1932 deals with the procedure of incorporation. Likewise, the meaning of non-registration is the exact opposite of registration, meaning when a firm does not go through the procedure of incorporation or start carrying on activities without getting registered. Effects of ...