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Q # 02: How is a tort discharged?

Discuss at least three incidents


which led to extinction of liability in tort.
1) Introduction
 Discharge is the death of the tort. There are a lot of circumstances which become reason of
the discharge of the tort. There are two parties in every case, plaintiff and defendant, if
injured person does not receive any compensation; in this case, law assumes that injured
person has no damage. In case of discharge of tort liability exist but the remedy does not
exist. And injured person cannot take legal action or cannot receive compensation from
wrong doer

2) Meaning of tort
 The word tort has been derived from Latin word “Tortum” which means to conduct

 Oxford Dictionary meaning


Tort is a private or civil wrong

3) Definition of discharge of tort


 The right of injured person to take legal action for compensation against wrong doer comes
to an end is called discharge of tort

4) Modes of discharge of tort


Following are the modes of discharge of tort. Details are as under

1. Death of the party


 By death of the parties the tort comes to an end. Death of the injured person, against whom
the tort is committed. Death of the wrong doer who has committed tort. In case of death of
injured person the legal heirs can take legal action against wrong doer for proprietary
wrong. But for personal tort, wrong doer cannot be sued. In case of death of wrong doer the
legal heirs of the deceased are not responsible for personal tort of wrong doer. Personal
torts are those torts which are affecting mind, body of person etc.

2. Waiver by election
 Where an injured person has more than one remedy for a tort and he select one of them for
legal action, giving up others, the other remedies are waived. He cannot pursue them if he
fails in the one elected. Waiver means to give up. The injured person discharged his right of
action against the wrong doer for some reason and is not ready to proceed in the court of
law.
3. Accord and satisfaction
 Accord is mutual agreement between injured person and wrong doer by which injured
person agrees to discharge his right of legal action against any compensation offered by the
wrong doer. The amount for compensation by wrong doer to injured person is called
satisfaction. The right to take legal action against the wrong doer will be discharged when
injured person and wrong doer enters into accord and satisfaction

4. Release
 A release is the discharging the right of action which injured person has against wrong doer.
But this release should be voluntary and should not be obtained by threat, or force. The
injured person does not proceed in court of law against wrongdoer once he has released his
right of legal action.

 When release is not valid


Following are the reason when release in not valid

1) When release executed by mistake


2) When release executed by fraud
3) When release executed by undue influence

5. Judgment
 A judgment is the discharging the right of action which injured person has against wrong
doer. According to it the injured person cannot take legal action against wrong doer again
and again for the same tort. More than one action cannot be taken against any person on
the same tort. It is the also the major reason of discharge of the tort

6. Time limitations
 The law prescribes time limit within which an action should be taken for the wrong and if
this proscribed period is over, the right of action will be expired and compensation will not
be made to injured person. Law helps those who care their rights because delay defeat
justice. Law will not help to those who were sleeping over on the violation of their right for
long time.
 The object of the time limitation enables injured person to take legal action against wrong
doer as soon as possible

7. Incapability of injured person


 This shows an incapability of injured person. When the injured person do not proceed in
court of law because of his own incapacity e.g. if he has no money to pay an advocates fee,
or he don’t have time to go court of law and to take legal action for compensation. Where a
person who knows that he has right to take legal action, neglects to take legal action for a
long period of time, in this case such kind of delay also will become the reason of discharge
of the tort and all rights will be snatched from injured person against wrong doer

5) Kinds of torts
Following are the three kinds of torts. Details are as under

1. Intentional tort
 When a wrong doer intentionally commits a civil wrong against other person is called
intentional tort

2. Tort based on negligence


 Negligent tort is not deliberate actions, when one fails to perform reasonably and becomes
reason of civil wrong is called negligence tort

3. Strict liability torts


 Holding of an individual liable for damages without proof is called strict liability torts. It is
possible to hold responsible when plaintiff feels that he was under dangerous situation by
defendant

6) Wrongs which are not tort


Following wrongs are not tort while these come under crime category

1) Criminal wrongs
2) Breach of contracts
3) Breach of trust

 Illustration
 If A enters into the land of B without permission of B. A has committed tort of trespass.

7) Conclusion
 Tort is a civil wrong in which wrong doer is liable to pay compensation to injured person .
Such compensation which has been made through court of law is called legal remedy for
wrong or tort. In case of discharge of tort, injured not remain able to take legal action
against wrong doer and there are a lot of reason which are becoming the reason of the
discharge of the tort. There is a bug in the law of tort which is that if a person who is
wealthy can committee wrong with other person and can release himself by paying
compensation to injured person