DISCHARGE OF TORTS
1. Introduction:
To discharge means to liberate, unburden etc. It is the extinguishment of an obligation. When a peson is discharged from tortious liability it does not follow that his guilt has not been proved rather it connotes that there is practical legal hindrance in enforcing a verdict against him or there exists a lawful justification in not pronouncing a judgment against him, irrespective of the fact that a tort or wrongful act has been committed by him.
2. Meaning:
Discharge of tort means extinction of injured persons of his right to sue and liability of a tort feasor to be sued in an action under tort.
3. Modes of Discharger of Torts:
(i) Bankruptcy:
Demands in the nature of unliquidated damages which arise by reason of breach of trust are not provable in bankruptcy. A bankrupt is not discharge from liability in tort. A bankrupt should sue for a tort committed in respect of his property belonging to him.
(ii) Death:
At common law, damages counld not be recoverd in tort for the death of another person caused by the tort, because damages could only be recovered in satisfaction.
(iii) Defences by Statute:
A statute may contain provisions affording particular defences, apart from defences relating to duties immposed by the statute.
(iv) Limitation of Time:
The time limits are those provided by the general leislation for the limitation of actions in regard to the particular tort or category of torts concerned.
(v) Limitation of Liability:
A right of limitation of the amount of liability is conferrred for the benefit of shipowners and others which may be pleaded as a defence or may be made the subject of an action for limitation of liability.
(vi) Consent:
The plaintiff consented to acts or omissions which amounted to breach of a duty at common law to to take reasonable care is a defence to an action of negligence for breach of that duty.
(vii) Waiver:
The waiver is given up of a right and thus is a defence against its subsequent enforcement, it may be expressed or, implied from conduct which is inconsistent with the continuance of the right.
(viii) Releaxe:
It means to give up, relinguish or the surrender of a right of action against a wrong-doer.
(ix) Judgement Recovered:
The cause of action against a wrongdoer in respect of a wrong is extinguished by a judgement obtained in a court of law.
1. Introduction:
To discharge means to liberate, unburden etc. It is the extinguishment of an obligation. When a peson is discharged from tortious liability it does not follow that his guilt has not been proved rather it connotes that there is practical legal hindrance in enforcing a verdict against him or there exists a lawful justification in not pronouncing a judgment against him, irrespective of the fact that a tort or wrongful act has been committed by him.
2. Meaning:
Discharge of tort means extinction of injured persons of his right to sue and liability of a tort feasor to be sued in an action under tort.
3. Modes of Discharger of Torts:
(i) Bankruptcy:
Demands in the nature of unliquidated damages which arise by reason of breach of trust are not provable in bankruptcy. A bankrupt is not discharge from liability in tort. A bankrupt should sue for a tort committed in respect of his property belonging to him.
(ii) Death:
At common law, damages counld not be recoverd in tort for the death of another person caused by the tort, because damages could only be recovered in satisfaction.
(iii) Defences by Statute:
A statute may contain provisions affording particular defences, apart from defences relating to duties immposed by the statute.
(iv) Limitation of Time:
The time limits are those provided by the general leislation for the limitation of actions in regard to the particular tort or category of torts concerned.
(v) Limitation of Liability:
A right of limitation of the amount of liability is conferrred for the benefit of shipowners and others which may be pleaded as a defence or may be made the subject of an action for limitation of liability.
(vi) Consent:
The plaintiff consented to acts or omissions which amounted to breach of a duty at common law to to take reasonable care is a defence to an action of negligence for breach of that duty.
(vii) Waiver:
The waiver is given up of a right and thus is a defence against its subsequent enforcement, it may be expressed or, implied from conduct which is inconsistent with the continuance of the right.
(viii) Releaxe:
It means to give up, relinguish or the surrender of a right of action against a wrong-doer.
(ix) Judgement Recovered:
The cause of action against a wrongdoer in respect of a wrong is extinguished by a judgement obtained in a court of law.