Discharge of Torts
If a tort is committed aright of action arises in favour of the injured person.It comes to an end by one of the following methods.Thus the extinction of liability is known as "Discharge of Torts".
1. Death of one of the Parties
2. By Judgement recovered
3. By Limitation
4. By Waiver
5. By Release
6. By Accord and Satisfaction.
1. Death of one of the Parties :
Death of one of the Parties ,it means Previously death extinguished all the liabilities of the person.But after the Law Reforms Act 1934,it was decided that death extinguished only the liability for personal torts like defamation,assault etc..All the other causes of action survive to the legal representatives of the deceased.
2. By Judgement recovered :
If an action is brought before the court seeking redress for the tort committed and the judgement is given,the liability for that particular tort comes to an end.If the plantiff fails,he cannot go in for another legal proceedings.
3. By Limitation :
According to law,for every enforcement of person's right a certain period is fixed.This is done on the basis that law will not help dormant persons.Moreover,a person will not be able to establish a defence due to death of witnwss or loss of evidence,after certain time.
4. By Waiver :
By Waiver of Torts,for the same wrong,if there are more than one remedy and the plantiff selects one remedy and leaves the others,he is said to have waived the other remedies.He cannot pursue the remedies,which he had given up.Waiver may be either express or implied.Waiving of torts means that only the right to recover damages for the torts is waived and not the whole of tort is waived.
5. By Accord and Satisfaction :
If the plantiff and the defendant agree to settle the liability by valuable consideration,the tort is discharged.This agreement is called "accord" and the consideration is called "satisfaction".When the satisfaction is performed the right of action comes to an end.
6. By Release :
By release, the injured party releases the wrongdoer by a document,then the liability is discharged.In accord and satisfaction there is valuable consideration,but in this method there is no consideration.
7. Acquiescence :
When a person who is entitled to enforce a right neglects to do so for a very long time,it is impliedly inferred that he has waived or abandoned his right.His right of action is taken away by such undue delay.
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