h

1. Law of Tort
Session-13
By-

2. Extinction of liability in
Tort

3. Extinction of liability
1.Death of the parties
2.Waiver and Acquiescence
3.Accord and Satisfaction
4.Limitation
5.Reverse
6.Judgment recovered

4. Death of Parties
“Actio personalis moritur cum persona”
Which means:
• Personal action dies with the person.
• The death of the wrongdoer would put an end
to the cause of action.

5. Official liquidator of Supreme Bank
Ltd. v P.A. Tendulkar
• The Supreme Court held that the maxim did
not apply to actions based on contract or
tortfeasor’s estate had been benefited from
the wrong done.
• The maxim does not apply to suits for eviction
under the Rent Control Acts and to Industrial
disputes under the Industrial Disputes Act
,1947.

6. Baker v Bolton
• The plaintiff and his wife were passengers on
the top of a stage coach belonging to the
defendants. Due to the negligence of the
defendants the stage coach was overturned
and the plaintiff suffered minor bruises but his
wife was seriously injured and she died a
month later.

7. Court held:
• Plaintiff was entitled to damages for the
bruises sustained by him and for the loss of
wife’s company only till the moment of her
death but could not recover damages for the
injuries after death.
• Principle : No one had right to recover
damages for the death of another.

8. • The rule of Baker’s Case is abolished.
• Maxim actio personalis moritur cum persona
(The right of person dies with the person)
does not fully apply in India

9. Acts affecting Baker’s rule are
[actio personalis actio moritur cum
persona]
1. Legal Representative Suits Act, 1855.
Under this Act action can be brought by the
representatives, administrators and Executors
of a deceased person for any wrong
committed during the lifetime of the
deceased which had caused pecuniary loss to
the estate of such person and for no other
wrong , if committed within one year before
his death.

10. 2. The Indian Succession Act, 1925
• Except personal injuries, the legal right to take action
survives after the death of the parties.
• Section 306 of The Indian Succession Act
• ‘All demands whatsoever and all rights to prosecute or
defend any action or special proceeding existing in
favour of or against a person at the time of his
decease, survive to and against his executors or
administrators;
• except causes of action for defamation, assault, as
defined in the Indian Penal Code, or other personal
injuries not causing the death of the party; and except
also cases where, after the death of the party.

11. Official Liquidator, Supreme Bank Limited
v P . V. Tendolkar Case, Court held:
• The application of the maxim ‘actio personalis
moritur cum persona’ is generally conferred
to action for damages for defamation,
seduction, inducing spouse to remain apart
and adultery.
• It had no application to actions based on
contract or where trespasser's estate is
benefitted from a wrong done.

12. Fatal Accidents Act, 1855
• Act provides that whenever the death of a
person shall be caused by wrongful act,
neglect or default, the party who would have
been liable if death had not caused shall be
liable to an action for damages, and such
action shall be for the benefit of wife,
husband, parent and child, if any, of the
deceased person.

13. Carriage by Air, Act, 1972
• According to Carriage by Air Act, action can be
brought for the death of passengers against
the carriers of passengers

14. Workmen’s Compensation Act, 1923
• This Act gives right to dependents of a worker
who dies during the course of service to bring
an action for damages.

15. Waiver and acquiescence
• Waiver
• Out of the available remedies, if plaintiff
chooses one that means he elects to waive
the remaining.
• Eg. Where wrongful act against the injured
person amounts to both a breach of contract
as well as tort, and if he brings his action for
breach of contract then he cannot sue for tort.

16. Acquiescence
• If a person deliberately does not bring an
action against wrongdoer for a long time then
it is presumed that he has waived his right to
take action.
• Only delay does not prove that the person has
waived his right, it must be proved that he has
done it by acquiescence (Consent).

17. Accord and Satisfaction
• If the plaintiff accepts or agrees to accept
valuable consideration for the injury caused to
his legal rights by the tortfeasor, it
extinguishes the Tortious liability of the
wrongdoer.

18. Limitation
• Limitation Act of 1963 Prescribes period of
limitation: suit shall be filed in prescribed
period.
• Example:
• 1 year for compensation for libel and slander.
• 3 years on trespass on movable property.
• 3 years for infringing copy right.
• 1 year for compensation for false
imprisonment and malicious prosecution.

19. Release
• If the injured party wishes he can release the
tortfeasor from liability

20. Judgment recovered
• If the suit has been brought on the basis of
cause of action and decision has been given,
the no action can be brought again on the
same cause of action.
• Called as “ Res Judicata”