Extinction of Liability in Tort

Extinction of liability, also known as discharge of liability, describes a situation in which a tortfeasor's liability may disappear after a predetermined amount of time. Despite a tortfeasor's liability, the window of opportunity to seek redress has passed. The plaintiff is not entitled to damages from the perpetrator.

Meaning of Extinction of Liability in Torts

When a tort is extinguished, the conditions are such that the culpability still exists, but the available remedy is no longer available. Reaching an end to the tort is the definition of discharge of tort or liability. It is a procedure by which the tort ceases to exist and the offender is released from liability.

Justification for Extinguishing Liability

There are several possible ways that a tort can be resolved, and there is no available remedy. It is a procedure that ends the tort. A criminal offender is not responsible for his acts.

The procedures for tort discharge are listed below.

Death of the Parties

Actio personalis moritur cum persona, or "personal right of action dies with the person," is applicable here. Personal actions can kill a person. This fundamental adage states that when a person who commits a tort or the person who is the target of a tort passes away, their personal right to sue for damages or other remedies also passes away.

This adage is true in two circumstances.

  • Defendant's passing after the tort was committed

  • when the offender admits to their wrongdoing


If Y brings a claim against Z for the tort Z committed, In the event that Y passes away while the matter is still ongoing in court. The tort is discharged as a result of Y's passing because Y is the lone party whose right of action passes away.

By Waiver

A waiver is the second way to extinguish a tort. When a person has more than one remedy available to him, he must choose one of them, which is known as waiving. Except in cases of defamation and violence, he cannot apply for both remedies.

The theory of waiver is based on two main ideas −

  • The individual must select one cure.

  • The court of law prohibits the person from reverting to an alternate remedy in the event that the person's chosen remedy is unsuccessful.


If Z brings a claim against S alleging a tort against Z, If Z is entitled to more than one remedy, he must choose one of them. For example, if Z is entitled to both a remedy under contract law and under tort law, he must now choose between the two.

Loss of Life for the Torturing Party

It indicates that when the defendant, the one who committed the tort against the other person, passes away, the tort is dismissed.


Sagar's right of action, or the discharge of tort, also expires with him if he committed the tort against Anjali, if Anjali filed a complaint against him, or if he passed away during the course of the trial.

Accord and Satisfaction

The term "accord" refers to a resolution of a dispute reached by the parties to a tort, i.e., the one who commits the tort and the person it was committed against. Accord is the name given to such a contract. In the broadest sense, it refers to resolving the conflict by agreeing to something in exchange for the right to take legal action. The real payment of the agreed-upon consideration signifies satisfaction for both the one who commits the wrongdoing and the victim of that wrongdoing. Once agreement and satisfaction have been reached, the tort is discharged and no further legal action is taken.


If V, the son of a wealthy businessman, struck one of his servants viciously, i.e., trespassed on the body, and if V attempted to sway his servant by exerting undue influence over him, the agreement and satisfaction are invalid since the servant's consent was influenced; as a result, it is not regarded as his free consent.


With this procedure, the plaintiff's own incapacity—such as a lack of time to travel to court, a lack of funds to cover court costs, or any other incapacity—is used to dismiss the claim. The other party is released from liability when a person who is entitled to assert his rights does not do so for a significant amount of time.


Whether Rahul has the authority to take action against Shyam Rahul's right to enforce it will be automatically waived if he fails to do so for a protracted period of time.


With this approach, the court's ruling serves as the basis for the discharge of the tort. No appeal for the same act of negligence can be made for the same remedy in a court of law if the court discharges the tort after rendering its decision. The idea behind this technique of tort discharge is founded on the legal principle of Res-Judicata, which states that if a court has already decided on a cause of action, it should not consider the same cause of action again.


If M receives redress from J for the accident, he caused earlier thanks to a court decision, Later, he discovered that he must have another procedure. He is not permitted to seek the same relief from the court once more.


Giving up the ability to act is what is meant by a release. It denotes when a person discharges a tort on his own initiative. Only the individual who was wronged by the other party is granted this right.


When a police inspector wrongs someone else, a tortuous act has been committed. It is not a legal release if the defendant releases himself from liability by threatening the injured party and using his position to gain their assent.


Torts are twisted acts or behaviors. It refers to the act of one person infringing upon another's legal rights or the other person's legal rights being violated. However, the party's right to bring a lawsuit may be dropped under specific circumstances, such as the passing of one of the parties, a waiver, an agreement and satisfaction, a release, or a court ruling. By using the aforementioned techniques, the tort is discharged, and there is no longer a need for a remedy.


Q1. What does the term "slip and fall" mean?

Ans. The phrase "slip and fall" refers to any harm that results from someone slipping, tripping, or falling on someone else's property because of a hazardous or dangerous condition. Water, ice, and snow-related falls are among them, as are sharp changes in flooring, dim illumination, or a hidden danger like a hole in the ground that is difficult to spot. The landowner or company owner may be liable for your injuries if you get injured while on their property as a result of a hazardous condition.

Q2. What factors impact the cost of property damage?

Ans. An expert appraiser or professional may be needed for property damage valuation. The measure of damages (or the amount you will receive for your property damage) can be set at the fair market value of the property immediately before its loss if the property has been entirely destroyed, rendered useless, and has no salvage value.

Q3. What do you mean by Strict Liability?

Ans. In this type of liability, even when there is no negligence or malicious intent on the part of the defendant, the person is nonetheless held legally liable for the results of their actions. In essence, it is a principle of law that holds a person (the defendant) accountable for their deeds without the plaintiff having to establish the defendant's carelessness or guilt.

Updated on: 11-Apr-2023


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