Where there is a vested right of action for a tort, it may be discharged by:

1. Death of one of the parties: The common law maxim is action personalize moritur cum persona which means a person’s right of action dies with the person. At common law, if an injury were done either to the person or property of another, for which damages only could be recovered in satisfaction, the action died with the person to whom, or by whom, the wrong was done.

2. Waiver: The second factor which will discharge a tort is wavier. If a man has more than one remedy for the same wrong, elects to purse one of them, abandoning the others, he must stand or fall by his election. The other remedies are said to have been waived by him. In short, a wavier is simply an election between remedies. For instances, if the injured person has remedies in tort and breach of contract, he elects to sue for the latter, the cause of action in tort is waived and he cannot revert to it in law.

3. Accord and satisfaction: Just as a civil obligation can be discharged by accord and satisfaction. So also tortious liability can be discharged by accord and satisfaction. When an agreement has been reached between the parties, the consideration of which may have been settled to be paid even in future the agreement once reached satisfies the claim is a bar to an action of court except on the agreement itself. But the agreement must be based on the payment of a certain thing, otherwise an agreement, not accompanied by a consideration, is void and is not a bar to the right of action.

4. Release: A release is the giving or discharging of the right of action in which a man has or may have against another man. But a release executed under a mistake, or in ignorance of one’s rights, or obtained by fraud, it is not valid. A covenant not to sue at all is equivalent to a release and may be pleaded as bar. A covenant not to sue one of two joint – tort feasors does not operate as a release so as to discharge the other.

In India, however, according to section 63 of the Indian Succession Act, consideration is not necessary for release and therefore, it would be open to an injured party to release the wrong – doer without consideration. But a release, executed under mistake, or in ignorance of rights, or obtained by fraud, is not binding.

5. Acquiescence:  Where a person who known’s that he is entitled to enforce a right, to do so for a length of time, the other party may fairly infer that he has waived or abandoned his right. But to deprive a man of his legal remedies there must be something more than a mere delay.

6. Judgement recovered: The cause of action against a wrongdoer in respect of a wrong is extinguished by a judgment obtained in a court of law.

7. Statutes of limitation: A man may lose his remedy to sue for a tort if he falls asleep upon his claim and allows expiring the period of limitation prescribed by the statute for bringing a suit. There are mainly two reasons for denying a person the right of action after the prescribed period of limitation:

•No one ought to be exposed to the risk of state demands of which he may quite ignorant and which owing to changed circumstances might become difficult to satisfy.

•It may become difficult to establish a defence owing to the loss of documents or the death of witnesses.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

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We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

We are also running a series Inspirational Women from January 2021 to March 31,2021, featuring around 1000 stories about Indian Women, who changed the world. #choosetochallenge