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Actio personalis moritur cum persona: Definition and Meaning
This maxim was originally used in a 1496 court case involving a woman who was ordered to pay a defamation penalty but passed away before doing so.
Despite the Latinate form in which the proposition is articulated, academics have claimed that its origins are less archaic, and this has been recognized by the courts. One Lord Chancellor (Viscount Simon) regarded it as "not actually the source from which a body of law has been deduced, but a confusing expression, framed in the solemnity of the Latin tongue, in which the effect of death upon certain personal torts was inaccurately generalized."
What is Actio personalis moritur cum persona?
The legal term Actio personalis moritur cum persona means−
In the instance of tortious defamation, no legal claim may be made after the death of the subject. Someone was slandered while they were still living. The plaintiff then filed a defamation lawsuit. However, if the defendant passes away, no legal action is taken. The same is true in contract law; this rule only applies to actions that have a solely personal motive. Just as an illustration, promise to wed.
This maxim is frequently applied to the tort of defamation.
Although it used to be a universal rule for torts, the application of this maxim has recently been much more restricted.
Important Case Laws
There are some important case laws−
In the case of Girja Nandini Devi & Ors. v. Bijendra Narain Choudhury (1966), the court noted and declared that the personal action of someone dies with his/her death. Likewise, when the legal maxim actio personalis moritur cum persona was applied, it was also held that this Latin proverb should have limited application. Furthermore, it clarified that because of the limited class of actions ex−delicto, or from a wrong, that includes actions for damages against defamation, assault, or any other personal injuries that do not result in the death of any individual, this principle only applies to those cases. Moreover, ex−delicto actions are those where the relief granted can still be used after the person has passed away.
Hambly and Trott (1776) is another relevant case. It is one of the early cases that established the maxim actio personalis moritur cum persona. In this case, the defendant took some farm animals from the plaintiff before passing away. The plaintiff subsequently tried to get those animals back from the decedent's estate, but he was unable to do so. At the same time, the court established specific guidelines that must be followed for any claim against an estate to be successful. This was due to the fact that trespass would fail because it was against a person and not a piece of property, meaning that any case for breach of contract would succeed.
Naram Srinivasa Rao and Others vs. Nurani Jamal and Others (AIR 1996 AP 6) stated that, the learned Judge agreed that the dictum "actio personalis moritur cum persona" applied to all personal wrongs, but he acknowledged an exception: "where a tort−feasor is benefiting from the wrong done, an action would lie against a wrong−doer's representatives." As a result, the third respondent is not helped by this ruling either.
The Supreme Court ruled in Shri Rameshwar Manjhi v. Management of Sangramgarh Colliery (1993), a case that was heard, that this maxim had received much criticism both under English and common law. This is because it has been labelled as an unjust legal maxim due to the inaccuracy and obscurity of its wording, which ultimately makes its applicability ambiguous. The Court further stated that this maxim had done the populace a great wrong.
Conclusion
Moreover, the Latin phrase actio personalis moritur cum persona, which literally described as the personal right to an action dies with the person, is an established principle, more often applied specifically in Tort Law and Contract Law. In addition to this, many courts have clarified that because of various factors cited by the courts in the aforementioned case laws, the literal meaning is different from its application, and that is why this maxim is viewed as unfair and unjust in its entirety.
Frequently Asked Questions
Q: What is actio personalis moritur persona section?
Ans: It is believed and practiced that a personal right of action dies with the person. Likewise, according to the Latin maxim, actions of tort or contract are automatically lapsed by the death of either the injured or the injuring party. Therefore, some legal causes of action can no longer be brought after a person dies, in some cases, defamation.
Q: What are the exceptions to actio personalis Moritur persona?
Ans: Though the Latin maxim describe that the all duties and remedies die with the death of the respective person but defamation, attacking/ assaulting and personal damages are the three big exceptions of this legal maxim.
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