Extinction of Liability

Extinction of liability, sometimes referred to as discharge of liability, is the legal phrase for the circumstance wherein a tortfeasor's liability may vanish after a set period. Even though a tortfeasor is liable, the time to file a claim is now closed. The plaintiff does not have a right to compensation from the offender. When a tort extinction occurs, the situation is such that there is responsibility but no remedy. Discharging oneself from tort or liability is bringing the tort to an end. It's a procedure that renders the wrongdoer harmless and ends the tort.

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This Story also Contains

1. What is Liability?
2. Categories of Liability
3. Meaning of Extinction of Liability
4. Modes of Extinction of Liability
5. Consequences of Discharge of Tort
6. Case Laws on Extinction of Liability
7. Conclusion

What is Liability?

Liability is only the state of being accountable for one's actions. When someone commits a tort, they are held responsible for their wrongdoings (except for those covered by a contract). Tort claims are made in civil court. To redress wrongs (violations of civil law, social standards, or common law) without using criminal prosecution, this body of English common law was established. As a result, the usual method of compensating for a tort is the payment of monetary damages. The victim, also known as the plaintiff, must establish that they were hurt by the defendant's actions for there to be a finding of a tort. But the issue goes beyond injury. The following must also be proven by the plaintiff-

• The defendant was obligated to defend their legally protected right.

• That obligation to protect was breached or failed by the defendant.

• There was an injury to the plaintiff

• The defendant's failure or violation caused the hurt or injury.

The court may grant punitive damages in specific circumstances. The defendant is required by the court to pay this sum of money to stop the offence from occurring again.

Categories of Liability

Intentional Tort Liability

A purposeful conduct by one person or entity that injures or damages another is known as an intentional tort. One can divide intentional torts into smaller groups, such as

• Physical Injuries- Certain torts, including battery, can result in bodily harm. Since the action caused the harm, it makes no difference if the injury was deliberate or not.

• Reputation and Psychological harm- Other torts that can harm a person's mental health include privacy invasion and slander.

Strict Tort Liability

Intent or carelessness are not what cause strict liability torts to occur. Strictly liable parties are nevertheless responsible for the consequences of their actions, even if they are not at fault or did not intend to harm. The strict liability definition places attention on the conduct itself, rather than the person who caused the harm. Extremely dangerous situations carry stringent liability.

Negligent Tort Liability

When you fail to take reasonable precautions to prevent damage or injury to others, you are committing a negligent tort. Another name for it is a tort of reasonable standard of care.

The scope of negligence extends beyond professional culpability. It might also apply to auto or general liability. Depending on the situation, the insurance coverage might not pay for the effects of a careless deed.

Meaning of Extinction of Liability

Extinguishment of a tort occurs when circumstances allow for continued liability but removal of the potential remedy. Stopping the tort is known as a liability or tort discharge. It is a procedure that nullifies the tort and releases the offender from all liability.

Modes of Extinction of Liability

There are various methods to resolve a tort, and as of right now, there is no remedy. The tort is terminated by this method. A criminal is not responsible for his deeds. The methods for tort discharge are listed below.

Death of the Parties

Actio personalis moritur cum persona, which means, in essence, "personal right of action dies with the person," is applicable in this case. One's acts have the power to kill. According to this basic proverb, the right of an individual who commits a tort or who is the victim of one to sue for damages or other remedies likewise dies with them. This proverb holds in two situations.

• Death of the defendant after the tort's commission

• when the transgressor acknowledges their error

For Example-

If Y dies while the case is still pending in court, Y may file a claim against Z for the tort Z committed. As Y is the only party whose right of action passes away, the tort is discharged as a result of Y's demise.

By waiver

Waiver is the second way to put a stop to a tort. Waiving is the procedure of requiring him to choose one treatment from a variety of possibilities that are shown to him. All other remedies are not available to him, except defamation and violent crimes. The waiver theory is based on two essential ideas.

• One treatment must be selected by the patient.

• A court of law prohibits a person from using a different remedy if their favoured one turns out to be ineffectual.

For example-

Z will have to choose one remedy from the list of choices if he sues S because S violated Z's rights. For example, Z would have to choose between a remedy available under contract law and a remedy available under tort law.

Loss of Life for The Torturing Party

It means that the tort is dismissed upon the death of the defendant, the person who committed the tort against the other person.

For example-

If Sagar committed the tort against Anjali, if Anjali filed a complaint against him, or if he passed away during the trial, then Sagar's right of action, or the discharge of tort, likewise ends with him.

Accord and Satisfaction

An "accord" is the settlement of a disagreement reached by the parties to a tort, i.e., the person committing the tort and the person it is committed against. An accord is the term for such a deal. In its widest sense, it is resolving the conflict by agreeing in exchange for having the right to sue. Both the wrongdoer and the victim of that wrongdoing will feel satisfied when the agreed-upon amount is paid. Once a resolution is found, the tort is discharged and no further legal action is taken.

For Example-

If V, the wealthy businessman's son struck one of his servants savagely, intruded on the body, or attempted to influence the servant improperly, the agreement and satisfaction are null and void because the servant's participation was coerced and is therefore not deemed to be his free consent.

Acquiescence

Using this process, the claim is dismissed based on the plaintiff's incapacity, such as not having enough time to travel to court or not having enough money to pay for the charges of the court. When someone who has the right to assert his rights does not do so for an extended time, the other party is relieved from liability.

For example-

If Rahul does not act against Shyam Rahul's right to enforce it for an extended length of time, then Rahul's right to do so will be automatically relinquished.

Judgement

Using this method, the tort is discharged based on the court's decision. If the court dismisses the tort after making its decision, no appeal for the same negligent act can be undertaken for the same remedy in a court of law. The theory of this tort discharge strategy is based on the legal doctrine of Res-Judicata, which holds that a court shouldn't revisit a cause of action that it has previously determined to be viable.

For example-

If a court ruling allows M to get compensation from J for the accident he caused previously, he later learned that he had to undergo another surgery. He is not allowed to ask the court for the same relief again.

Release

A release is the giving up of the ability to act. It refers to the act of someone committing a tort on their initiative. This right can only be used by the person who was harmed by the other party.

For example-

There has been a tortuous act when a police inspector causes harm to another individual. If the defendant threatens the aggrieved party and uses his position to obtain their consent, it is not a legitimate release.

Consequences of Discharge of Tort

Termination of Legal Liability

A tort discharge indicates that the person who perpetrated the wrongdoing is no longer legally liable. The freed party is no longer held legally responsible for their actions, and the injured party loses the opportunity to seek further remedies or damages for the tort.

Closure and Finality

When a tort is dismissed, the litigation is over. It allows the parties to move on from the incident and avoid ongoing legal disputes or drawn-out court cases. Discharge promotes finality since it resolves the conflict and allows the parties to focus on other aspects of their lives.

Preservation of Judicial Resources

By settling a tort, the legal system is relieved of the burden of continuous litigation. It enables courts to give priority to new disputes and distribute their limited resources to other cases. Discharge contributes to the smooth operation of the judicial system.

Limitation of Remedies

If a tort is dismissed, the injured party loses the chance to seek further remedies. This limitation preserves the notion of finality in legal proceedings and prevents the aggrieved party from suing the offending party repeatedly.

Impact on precedent: The outcome of a tort case could have an impact on earlier rulings by the courts. Court rulings and decisions on discharged torts may have an impact on how the law is interpreted and applied in later cases. These precedents serve as a guide for legal professionals and help to build reliable legal conceptions.

Protection of Rights

Both parties' legal rights and obligations are maintained when a tort is discharged. It upholds the principles of justice, equity, and the rule of law. When the legal system rejects a tort, it acknowledges that appropriate remedies have been investigated and that the interests of both parties have been taken into account.

Deterrence and Compliance

Exoneration from torts may serve as a disincentive, encouraging people to abide by the law and abstain from wrongdoing. People are incentivised to obey the law and avoid difficulty when they know their liability may be eliminated.

Case Laws on Extinction of Liability

In the case of Prusti v. Mohanty

In this instance, the defendant used factual deception to obtain a specific amount, but he passed away. The Orissa High Court held that if an individual was the subject of a money decree regarding the amount he received from the decree-holder by misrepresenting the facts, the liability would be personal and could not be extended to his son under the law because whatever relief a decree-holder has against the father ends with the father's death.

In the case of Brundsen v. Humphrey

In this case, The plaintiff, a taxi driver, had previously gotten payment for the harm done to his vehicle. It was later found that he had a hand fracture as a result of the injuries sustained in the accident. In addition, he is entitled to apply the remedy against the trespass to his body.

Conclusion

Torts arise when one person infringes another person’s rights or violates the civil rights of another person. This article describes the conditions under which the extinction of liability occurs where a person’s right to bring a suit may be denied. The conditions include death of the parties, By waiver, Loss of the life of the torturing party, accord and satisfaction, acquiescence, judgment and release. The above-mentioned conditions are exceptions to the liability under tort.