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Law of Torts
Name : Kamini Eknath Patil
Roll No.83, Div.B,
LLB 1st Year, Sem 1
BCT Law College, New Panvel
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Topic Name: Discharge of Tort

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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
Introduction 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.
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• Death of the party

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• Waiver by election
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Modes of • Accord and satisfaction

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discharge of
• Release
tort 3
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Following are the reason when release in not

valid

1) When release executed by mistake

When release is 2) When release executed by fraud3)

not valid 3)When release executed by undue influence
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A judgment is the discharging the right of action

which injured person has against wrongdoer.
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
Judgment is the also the major reason of discharge of the
tort
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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 wrongdoer as soon
as possible

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.
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Kinds of torts

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
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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.

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
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THANK YOU