DISCHARGE OF TORT

BY
ISHAQ MAZHAR
ABDULLAH FAIZ
SYED KHIZAR SHAH
NOMAN AADIL
SAMEER AHMAD
RIAZ DAVI
Introduction

 Discharge is the death of the tort

 Based on multiple circumstances
 There are two parties in every case, plaintiff and defendant
 Incase of discharge of tort liability exist but the remedy
does not exist
 An injured person cannot take legal action or cannot receive
compensation from wrong doer
Modes of discharge of tort

 Death of the party

 Waiver by election
 Accord and satisfaction
 Release
 Judgement
 Incapability of injured person/ acquiescence
 Time limitation
Death of the party

MAXIM: Personal right of action dis with person

• By death of the parties the tort comes to an end
• In case of death of injured person the legal heirs can take legal
action against wrong doer for proprietary wrong
• 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
Wavier by election

 Where an injured person has more than one remedy for a tort
 He can select one of them for legal action, giving up others, the other remedies are
waived
 He cannot pursue them if he fails
 Waiver means when an injured person discharges his right of action against the wrong
doer and refuses to proceed in the court of law
 Types:
A. Expressed Wavier
B. Implied Wavier
 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.
Satisfaction is the amount for compensation by wrong doer to injured person is called satisfaction.
The right Ito take legal action against the wrong doer will be discharged when injured person and wrong doer
enters into accord and satisfaction
 Conditions :
1. No court is involve
2. Consent of partis
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: val1id
1) When release executed by mistake
2) When release executed by fraud
3) When release executed by undue influence
Judgement

 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
Acquiescence

 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
Law of Limitation/ 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 will not help to those who were sleeping over on the vlolation 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
Thank you