Thursday, 27 January 2022

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. 

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