Nothing Special   »   [go: up one dir, main page]
Scribd Logo
Upload

Welcome to Scribd!

  • 104 views

    05101025-Legal Maxim

    Uploaded by

    swayamdeepa kanungo
    This document discusses the legal maxim "Actio personalis moritur cum persona" which means "a personal right of action dies with the person." It provides three key points: 1) Historically, this meant that upon a person's death, their actions in tort and contract would terminate along with their duties and remedies. However, legislation later reversed this so that causes of action now survive a person's death. 2) There are two exceptions where the maxim does not apply: actions under contract, and cases where the deceased unjustly enriched their estate through wrongful appropriation of another's property. 3) Case law has found the maxim has limited application and does not prevent recovery in all cases

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd

    05101025-Legal Maxim

    Uploaded by

    swayamdeepa kanungo
    104 views10 pages
    This document discusses the legal maxim "Actio personalis moritur cum persona" which means "a personal right of action dies with the person." It provides three key points: 1) Historically, this meant that upon a person's death, their actions in tort and contract would terminate along with their duties and remedies. However, legislation later reversed this so that causes of action now survive a person's death. 2) There are two exceptions where the maxim does not apply: actions under contract, and cases where the deceased unjustly enriched their estate through wrongful appropriation of another's property. 3) Case law has found the maxim has limited application and does not prevent recovery in all cases

    Original Description:

    Original Title

    05101025-LEGAL MAXIM PPT

    Copyright

    © © All Rights Reserved

    Available Formats

    PPTX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    This document discusses the legal maxim "Actio personalis moritur cum persona" which means "a personal right of action dies with the person." It provides three key points: 1) Historically, this meant that upon a person's death, their actions in tort and contract would terminate along with their duties and remedies. However, legislation later reversed this so that causes of action now survive a person's death. 2) There are two exceptions where the maxim does not apply: actions under contract, and cases where the deceased unjustly enriched their estate through wrongful appropriation of another's property. 3) Case law has found the maxim has limited application and does not prevent recovery in all cases

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    104 views10 pages

    05101025-Legal Maxim

    Uploaded by

    swayamdeepa kanungo
    This document discusses the legal maxim "Actio personalis moritur cum persona" which means "a personal right of action dies with the person." It provides three key points: 1) Historically, this meant that upon a person's death, their actions in tort and contract would terminate along with their duties and remedies. However, legislation later reversed this so that causes of action now survive a person's death. 2) There are two exceptions where the maxim does not apply: actions under contract, and cases where the deceased unjustly enriched their estate through wrongful appropriation of another's property. 3) Case law has found the maxim has limited application and does not prevent recovery in all cases

    Copyright:

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

    NAME: SWAYAMDEEPA KANUNGO

    ROLL NO : 52101025
    SCHOOL: BIRLA SCHOOL OF LAW
    SUBJECT: GENERAL ENGLISH AND LEGAL
    LANGUAGE(LEGAL MAXIM)
    LEGAL MAXIM: ACTIO PERSONALIS MORITUR CUM PERSONA.

    LEGAL PRINCIPLE: A PERSONAL RIGHT OF ACTION DIES WITH THE PERSON.


    WHAT DO WE MEAN BY “ THE PERSONAL
    RIGHT OF ACTION DIES WITH THE
    PERSON” ?

    THIS IMPLIES THAT ONCE A PERSON IS DEAD,HIS ACTION OF TORT


    AND CONTRACT TERMINATES AND ALL HIS DUTIES AND REMEDIES
    ARE DESTROYED .
    HOWEVER, IN DUE COURSE OF TIME ,THE RULE WAS REVERSED
    (MISC. PROVS.) ACT,1934 – “ ONE THE DEATH OF ANY PERSON –
    ALL CAUSES OF ACTION VESTED IN HIM SHALL SURVIVE FOR
    BENEFIT OF HIS ESTATE”.
    THUS , ALL CAUSES OF ACTION IN TORT, SAY FOR DEFAMATION
    AND THE CLAIM FOR DAMAGES FOR BEREAVEMENT SURVIVED THE
    DECEASED.
    ORIGIN OF THE MAXIM

    THE MAXIM ACTION PERSONALIS MORITUR


    CUM PERSONA , WAS FIRST USED IN A CASE
    FROM 1496 , WHERE A WOMAN AGAINST
    WHOM A DEFAMATION JUDGEMENT WAS
    ISSUED DIED BEFORE PAYING THE DAMAGES
    TO THE TORT FEASOR.
    EXCEPTIONS:
    THERE ARE TWO EXCEPTIONS TO THE MAXIM
    “ACTIO PERSONALIS MORITUR CUM PERSONA”.

    • ACTIONS UNDER CONTRACT : THE MAXIM DOES NOT APPLY TO


    THE CASES WHERE AN ACTION IS BROUGHT UNDER THE LAW OF
    CONTRACT , THEREFORE THE LEGAL REPRESENTATIVES OF THE
    PERSON CAN BE MADE LIABLE FOR THE PERFORMANCE .
    HOWEVER, IF THE CONTRACT ENTERED INTO IS A CONTRACT OF
    PERSONAL SERVICE , THEN THE LEGAL REPRESENTATIVES WOULD
    NOT BE LIABLE FOR THE PERMONCE . THUS , FOR EXAMPLE
    THERE IS A CONTRACT WITH ‘A’ FOR SINGING ON A PARTICULAR
    EVENT AND MEANWHILE , ‘A’ DIES , THEN THE
    REPRESENTATIVES OF ‘A’ CANNOT BE MADE LIABLE FOR THE
    PERFORMANCE.
    • UNJUST ENRICHMENT OF TORTFEASOR’S ESTATE: IF
    SOMEONE , BEFORE HIS DEATH HAS WRONGFULLY
    APPROPRIATED THE PROPERTY OF ANOTHER PERSON
    THEN THE PERSON WHOSE PROPERTY HAS BEEN
    APPROPRIATED DOES NOT LOSE HIS RIGHT TO BRING AN
    ACTION AGAINST THE REPRESENTATIVES OF THE
    DECEASED AND RECOVER THE PROPERTY. THE
    RATIONALE BEHIND IT IS THAT, ONLY THE THING
    ACTUALLY BELONGED TO THE DECEASED CAN BE PASSED
    TO HIS REPRESENTATIVES.
    ILLUSTRATIONS:
    IF ANITA COMMITS BETRAYAL ON RAMAN . HOWEVER,
    DURING THE INCIDENT , IF EITHER PARTY DIES, THE
    RIGHT OF ACTION WHICH WAS ACCRUED TO RAMAN BY
    THE REASON OF THE BETRAYAL IS TAKEN AWAY . BUT
    IF ANITA COMMITS A BETRAYAL IS TAKEN AWAY. BUT IF
    ANITA COMMITS A BETRAYAL UPON RAMAN , OR DO
    OTHER INJURIES TO HIM , ANY RIGHT OF ACTION
    WHICH ACCRUES TO THE THIRD PERSON WILL NOT BE
    AFFECTED BY THE DEATH OF RAMAN , SO FAR AS THE
    APPLICATION OF THE MAXIM IN QUESTION IS
    CONCERNED.
    CASE LAWS:
    • GIRJA NANDANI AND ORS VS BIJENDRA
    NARNIA CHOUDHARY

    SUPREME COURT REFFERED TO THE ABOVE MAXIM AND HELD


    THAT A PERSONAL ACTION DIES WITH THE PERSON HAS A LIMITED
    APPLICATION. IT OPERATES IN A LIMITED APPLICATION. IT
    OPERATES IN A LIMITED CLASS OF ACTIONS EX DELICTO SUCH AS
    ACTIONS FOR DAMAGES FOR DEFAMATION , ASSAULT OR OTHER
    PERSONAL INJURIES NOT CAUSING THE DEATH OF THE PARTY ,
    AND IN OTHER ACTIONS WHEREAFTER THE DEATH OF THE PARTY
    THE RELIEF GRANTED COULD NOT BE ENJOYED OR GRANTING IT
    WOULD NUGATORY .
    • ISHAR DAS VS EMPEROR:
    THE CHIEF COUT OF PUNJAB AND LAHORE HELD THAT THE MAXIM ACTIO
    PERSONALIS MORITUR CUM PERSONA IS APPLICABLE IN THE MATTER OF
    PROSECUTION FOR DEFAMATION SINCE THAT IS ESSENTIALLY A PERSONAL
    ACTION AND THE INSTITUITION OF THE PROCEEDINGS DEPENDED ON THE
    TEMPERAMENT OF THE PERSON DEFAMED.
    THANKYOU!!!

    You might also like