A right of action for a tort may come to an end or be discharged under certain circumstances. If such circumstances exist, no action in tort will lie. The recognized modes through which an action for tort is discharged are as follows:

1. Death of Either Party-

The traditional common law maxim actio personalis moritur cum persona means "a personal right of action dies with the person." This applies to two scenarios:

(i). Death of the injured person (Plaintiff): (ii) Death of the wrongdoer (Defendant).

A. Proprietary Torts vs. Personal Torts:

In the case of a proprietary wrong (torts against property, e.g., trespass, nuisance, waste, or fraud), the right of action survives. The legal heirs of the plaintiff can claim damages, or the legal heirs of the deceased wrongdoer can be held liable to the extent of the property inherited.

However, for personal torts (torts affecting the mind, body, or reputation, e.g., assault, battery, false imprisonment, defamation), the right of action traditional dies with the person.

B. The Indian Position:

In India, Section 306 of the Indian Succession Act, 1925 governs this rule. It explicitly states that all demands whatsoever and all rights to prosecute or defend any action survive to and against executors or administrators, except causes of action for defamation, assault, or other personal injuries not causing the death of the party. If the personal injury causes death, the Indian Fatal Accidents Act, 1855 allows the legal representatives to sue for damages.

Rose v. Ford

Facts: A young woman was seriously injured in a motor accident due to the defendant's negligent driving. Her leg was amputated, she remained unconscious for four days, and then died. Her father, as the administrator of her estate, filed a suit.

Held: The House of Lords allowed damages to the estate for: (i) pain and suffering, (ii) the loss of the leg, and (iii) the shortening of her reasonable expectation of life.

2. Waiver-

If a person has more than one remedy for the same wrong and elects to pursue one of them while abandoning the others, they must stand or fall by that election. The alternative remedies are said to be waived.

Example: If an injured party has a remedy both in tort and for a breach of contract, and they formally elect to sue for the breach of contract, the cause of action in tort is waived. They cannot later file a subsequent suit based on the tort.

3. Accord and Satisfaction-

Accord means a mutual agreement where the wrongdoer offers, and the injured party accepts, some consideration to settle the claim.

Satisfaction means the actual execution or performance of that agreement (e.g., the actual payment of the agreed money).

Once both accord and satisfaction are complete, it operates as a total bar to any future legal action.

Example: If a person is injured in a railway accident, they may agree to accept a specific sum of money from the railway authorities as full settlement and agree not to sue. Once the money is paid, the tort is discharged.

4. Release-

A release is the intentional surrender or giving up of a right of action against the wrongdoer. It closely resembles accord and satisfaction, but a release is typically executed through a formal, written legal document (such as a deed).

Under English law, a release must either be supported by consideration or executed via a signed, sealed, and delivered formal document.

A covenant not to sue operates as a release. However, a release executed under a mistake of fact, in ignorance of one’s rights, or obtained via fraud or duress is void and not binding.

5. Acquiescence (Laches)-

Where a person knows they are entitled to enforce a legal right but neglects to do so for a long period, the court may infer that they have waived or abandoned their right.

While mere delay does not automatically destroy a legal remedy unless it breaches the statutory limitation period, direct acquiescence (actively standing by while your rights are violated without objecting) will immediately estop the plaintiff from bringing an action.

6. Judgment Recovered (Res Judicata)-

Once a court of competent jurisdiction has tried and decided a case on its merits, the right of action is discharged. A second suit cannot be filed on the same cause of action. This is governed by the rule of Res Judicata (Section 11 of the Civil Procedure Code, 1908 in India), which prevents a multiplicity of lawsuits.

Exception (Continuing Torts): Where an injury is of a continuing nature (e.g., a continuing nuisance or continuous trespass), the recovery of damages for the initial wrong does not prevent the injured party from bringing a fresh action for the continuation of the injury. A new cause of action arises every day the tort continues.

Illustration: If 'A' builds a wall that blocks 'B's' lawful right to light, and 'B' recovers damages in court, 'B' can bring a fresh action later if 'A' still refuses to demolish the wall, because the nuisance is continuous.

7. Limitation-

An action for a tort must be brought within the statutory timeframe prescribed by law; otherwise, the right to seek a judicial remedy is barred.

In India, The Limitation Act, 1963 lays down specific statutory windows for different torts.

Example: A suit to recover compensation for false imprisonment must be filed within one year from the date the imprisonment ends. A suit for negligence or trespass to property typically must be brought within three years.

8. Statutory Authority-

If a legislature explicitly authorizes an act through a statute, any tortious liability that would normally arise from that act is completely discharged, provided the authorized act was done without negligence.

Example: If a government railway line is constructed under statutory powers, a nearby resident cannot sue the railway company for the noise, vibration, or smoke caused by the trains, as the disruptive activity has been legally sanctioned by the state.

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