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    Ishaq

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    Hussain Agha
    The document discusses various modes of discharge of tort liability. There are several ways a tort can be discharged including: 1) death of one of the parties involved; 2) waiver by election where the injured party chooses one remedy over others; and 3) accord and satisfaction where the injured party agrees to a settlement offered by the defendant. Other modes of discharge include release, judgment, acquiescence, and time limitations where the injured party fails to take legal action within the prescribed statutory period.

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    Ishaq

    Uploaded by

    Hussain Agha
    10 views11 pages
    The document discusses various modes of discharge of tort liability. There are several ways a tort can be discharged including: 1) death of one of the parties involved; 2) waiver by election where the injured party chooses one remedy over others; and 3) accord and satisfaction where the injured party agrees to a settlement offered by the defendant. Other modes of discharge include release, judgment, acquiescence, and time limitations where the injured party fails to take legal action within the prescribed statutory period.

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    The document discusses various modes of discharge of tort liability. There are several ways a tort can be discharged including: 1) death of one of the parties involved; 2) waiver by election where the injured party chooses one remedy over others; and 3) accord and satisfaction where the injured party agrees to a settlement offered by the defendant. Other modes of discharge include release, judgment, acquiescence, and time limitations where the injured party fails to take legal action within the prescribed statutory period.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    10 views11 pages

    Ishaq

    Uploaded by

    Hussain Agha
    The document discusses various modes of discharge of tort liability. There are several ways a tort can be discharged including: 1) death of one of the parties involved; 2) waiver by election where the injured party chooses one remedy over others; and 3) accord and satisfaction where the injured party agrees to a settlement offered by the defendant. Other modes of discharge include release, judgment, acquiescence, and time limitations where the injured party fails to take legal action within the prescribed statutory period.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    of 11

    DISCHARGE OF TORT

    BY
    ISHAQ MAZHAR
    ABDULLAH FAIZ
    SYED KHIZAR SHAH
    NOMAN AADIL
    SAMEER AHMAD
    RIAZ DAVI
    Introduction

     Discharge is the death of the tort


     Based on multiple circumstances
     There are two parties in every case, plaintiff and defendant
     Incase of discharge of tort liability exist but the remedy
    does not exist
     An injured person cannot take legal action or cannot receive
    compensation from wrong doer
    Modes of discharge of tort

     Death of the party


     Waiver by election
     Accord and satisfaction
     Release
     Judgement
     Incapability of injured person/ acquiescence
     Time limitation
    Death of the party

    MAXIM: Personal right of action dis with person


    • By death of the parties the tort comes to an end
    • In case of death of injured person the legal heirs can take legal
    action against wrong doer for proprietary wrong
    • For personal tort, wrong doer cannot be sued. In case of death of
    wrong doer the legal heirs of the deceased are not responsible for
    personal tort of wrong doer
    Wavier by election

     Where an injured person has more than one remedy for a tort
     He can select one of them for legal action, giving up others, the other remedies are
    waived
     He cannot pursue them if he fails
     Waiver means when an injured person discharges his right of action against the wrong
    doer and refuses to proceed in the court of law
     Types:
    A. Expressed Wavier
    B. Implied Wavier
    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 wrong doer.
    Satisfaction is the amount for compensation by wrong doer to injured person is called satisfaction.
    The right Ito take legal action against the wrong doer will be discharged when injured person and wrong doer
    enters into accord and satisfaction
     Conditions :
    1. No court is involve
    2. Consent of partis
    Release

     A release is the discharging the right of action which injured person has against wrong doer.
     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: val1id
    1) When release executed by mistake
    2) When release executed by fraud
    3) When release executed by undue influence
    Judgement

     A judgment is the discharging the right of action which injured person has against wrong
    doer.
     According to it the injured person cannot take legal action against wrong doer 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
    Acquiescence

     This shows an incapability of injured person


     When the injured person do 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 don't have time to go 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
    wrong doer
    Law of Limitation/ Time Limitations

     The law prescribes time limit within which an action should be taken for the wrong and if
    this proscribed period is over
     The right of action will be expired and compensation will not be made to Injured person
     Law will not help to those who were sleeping over on the vlolation of their right for long
    time.
     The object of the time limitation enables injured person to take legal action against wrong
    doer as soon as possible
    Thank you

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