How is a tort discharged
Introduction
Discharge is the end of the tort. There are a lot of circumstances which become the reason for the discharge of the tort. There are two parties in every case, plaintiff and defendant, if the injured person does not receive any compensation; in this case, law assumes that the 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 wrongdoer
Meaning of tort
The word tort has been derived from Latin word “Tortum” which means to twist
Oxford Dictionary meaning
Tort is a private or civil wrong
Definition of discharge of tort
The right of injured person to take legal action for compensation against wrongdoer comes to an end is called discharge of tort
Modes of discharge of tort
Following are the modes of discharge of tort. Details are as under
Death of the party
By death of the parties the tort comes to an end. Death of the injured person, against whom the tort is committed. Death of the wrongdoer who has committed tort. In case of death of an injured person the legal heirs can take legal action against wrongdoer for proprietary wrongdoings. But for personal tort, a wrongdoer cannot be sued. In case of death of a wrongdoer the legal heirs of the deceased are not responsible for personal tort of wrongdoer. Personal torts are those torts which are affecting the mind, body of a person etc.
Waiver by election
Where an injured person has more than one remedy for a tort and he selects one of them for legal action, giving up others, the other remedies are waived. He cannot pursue them if he fails in one election. Waiver means to give up. The injured person discharged his right of action against the wrongdoer for some reason and is not ready to proceed in the court of law.
Accord and satisfaction
Accord is mutual agreement between injured person and wrong doer by which injured person agrees to discharge his right of legal action against any compensation offered by the wrongdoer. The amount for compensation by the wrongdoer to the injured person is called satisfaction. The right to take legal action against the wrongdoer will be discharged when injured person and wrong doer enters into accord and satisfaction
Release
A release is the discharging the right of action which the injured person has against wrongdoer. But this release should be voluntary and should not be obtained by threat, or force. The injured person does not proceed in court of law against wrongdoer once he has released his right of legal action.
When release is not valid
Following are the reason when release in not valid
- When release executed by mistake
- When release executed by fraud
- When release executed by undue influence
Judgment
A judgment is the discharging the right of action which an injured person has against a wrongdoer. According to it the injured person cannot take legal action against wrongdoer again and again for the same tort. More than one action cannot be taken against any person on the same tort. It is the also the major reason of discharge of the tort
Time limitations
The law prescribes a time limit within which an action should be taken for the wrong and if this prescribed period is over, the right of action will be expired and compensation will not be made to the injured person. Law helps those who care for their rights because delay defeats justice. Law will not help those who were sleeping over the violation of their rights for a long time.
The object of the time limitation enables injured person to take legal action against wrong doer as soon as possible
Incapability of injured person
This shows the incapability of an injured person. When the injured person does 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 doesn't have time to go to 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 wrongdoer
Kinds of torts
Following are the three kinds of torts. Details are as under
Intentional tort
When a wrongdoer intentionally commits a civil wrong against other person is called intentional tort
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
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
Wrongs which are not tort
Following wrongs are not tort while these come under crime category
- Criminal wrongs
- Breach of contracts
- 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 a wrongdoer is liable to pay compensation to the injured person . Such compensation which has been made through the court of law is called legal remedy for wrong or tort. In case of discharge of tort, the injured are not able to take legal action against wrongdoer and there are a lot of reasons which are becoming the reason for 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