Actio Personalis Moritur

Cum Persona
Alyka Machado
S.Y. B.A. LLB
2021-22
 Meaning of the maxim

The personal cause of action comes to an end when the person dies.

The fundamental meaning of the maxim is that – The personal right to

action dies with a person.
EXAMPLE
Aman defames Shyam and subsequently a suit is filed for the
same. During the court proceedings Shyam dies, then the
personal right of his action dies with him by the application of this
maxim.
 POSITION IN ENGLAND
According to English Common Law, a personal right of action dies with a person.

The following exceptions have been recognized for the maxim.

1. Breach of contract – the maxim does not apply

2. Unjust enrichment of tortfeasors estate

Sherrington’s case
Held that the legal representatives were liable for the 100 oak trees and 20 oxen.
POSITION IN ENGLAND
The Common Law rule was abrogated.

New law passed – Law Reform (Miscellaneous Provisions) Act, 1934

Held that all causes of action shall survive except in the case of
defamation.
 RULE IN
INDIA
Right of action survives except in the
cases of
Balbir Singh v Ganga Ram Hospital (1992)
Defamation , assault, battery, etc.
The Court held that the personal right of
action had come to an end.
Personal injury

CASE LAW
 IMPORTANCE OF THE
MAXIM
The maxim is essential in discharge of the liability and depending on
the situation the legal representatives may be held liable.
References

- Law of torts by R.K. Bhangia

- Introduction to the Law of torts and Consumer Protection by Dr. Avatar

Singh & Dr. Harpreet Kaur

- https://lawtimesjournal.in/actio-personalis-moritur-cum-persona/