Actio personalis moritur cum personaSUBMITTED BY: BarkhaShravaniSahu PRN: 16010324313 DIV: D CLASS: BBA.LLB Symbiosis Law School, Hyderabad Symbiosis International University, Pune In:OCTOBER,2016 Under the guidance of: M.V. CHANDRAMATHI V. if any. detected later on. Signature of the candidate: BarkhaSharavniSahu Date:2-10-2016 . The material borrowed from other sources and incorporated in the thesis has been duly acknowledged. CHANDRAMATHI from 25-07- 2016to2-10-2016. C E R T I F I C AT E The Project entitled “Actiopersonalismoritur cum persona” submitted to the Symbiosis Law School. Hyderabad for Law of Torts. I understand that I myself could be held responsible and accountable for plagiarism. MV Accident and Consumer Protection Laws I as part of Internal assessment is based on my original work carried out under the guidance of M. The research work has not been submitted elsewhere for award of any degree. .Lot of help has been taken from the library and the web for gathering information. Acknowledgement I would like to express my heartfull gratitude to the Director Dr.Last but not the least I would also like to thank my friends GauravjeetSokhi and BhagyashreeChauhan without whome this project could not have been completed on time. MI Baig and Dy.V. CHANDRAMATHI without which this project would not have been a successful one. I am also highly indebted for the constant guidance and support given to me by M. Hyderabad for giving me an opportunity to work on a project in law of torts. Director Dr. Sukhvinder Singh Dari and authority of Symbiosis law School. TABLE OF CONTENT INTRODUCTION EXPLATION ORIGIN OF MAXIM CASE STUDY CONCLUSION BIBLOGRAPHY . The personal representatives have a limited liable . is an ancient and uncontested maxim. But the term personal action. INTRODUCTION "Actiopersonalismoritur cum persona" implies"A personal right of action dies with the person".except for rent cannot be maintainable against the deceased.the law divests the property right from the deceased and vests it on the personal representative. The personal representatives of the deceased can always sue for the recovery of debts due to the deceased. That a personal action dies with the person.but he cannot sue for the breaches which caused mere personal injuries on nthe deceased.so far as they have assets on all the covenants and contracts of the deceased executed in his lifetime. No action will lie against the dead persons if the injury done by him to another is capable only of attracting the claim for unliquidated damages. . ACTIO PERSONALIS MIORITUR CUM PERSONA. As soon as death occurs.The action for debt on simple contract. This maxim relates to the end of liability of a person on his death. In a large sense all actions except those for the recovery of real property may be called personal. The maxim must therefore be taken in a more restricted meaning. This definition would include contracts for the payment of money. 2. or for slander. which never were supposed to die with the person. Assumpsit may be maintained by executors or administrators.requires explanation. and he might in his lifetime have waived the tort and sued in assumpsit. . in those cases where an injury has been done to the personal. property of the deceased. nor to his freehold. though without actual force. or trespass. 3. whether the affect the person or property and to all injuries to the person only. These statutes received a liberal construction from the judges. because it is merely a personal injury. It extends to all wrongs attended with actual force. vi et armis on his land. Neither do they extend to actions against executors or administrators for wrongs committed by the deceased 4. but they do not extend to injuries to the person of the deceased. So that no action lies by an executor or administrator for an assault and battery of the deceased. however a confounding expression. Early legal examinations of the term can be found for "Pinchon's situation" [(1611) 9 Rep. London.. in which the impact of death upon certain individual torts was incorrectly summed up. Trott.) and Winfield "Course reading of the Law of Tort" second edn." [(1776) 1 Cowper 371] . and recognized by the the comments of Viscount Simon in "Stewart v.. 1943 SC (HL) 19 at 26"] that despite the Latinate structure in which the recommendation is communicated its causes are less out of date.not in reality the source from which an assemblage of law has been reasoned. 86] and "Hambly v. It has been portrayed by one Lord Chancellor (Viscount Simon) as: . Midland and Scottish Railway Co. ORIGINATION It has been contended by scholastics Goudy’s "Two Ancient Brocards" in "Papers in Legal History" Vinogradoff (ed. surrounded in the gravity of the Latin tongue. The principle also exists to protect the estate and executors from liability for strictly personal acts of the deceased. such as charges for fraud. EFFECT OF THE MAXIM Some legitimate consequences of an action can survive the death of the claimant or plaintiff. where it relates to the private character of the plaintiff. such an action. Therefore. defamation of his character by the defendant being one prominent example. some actions which are personal to the plaintiff. However. for example actions founded in contract law. whereas an action for the publication of a false and malicious statement which causes damage to the plaintiff's personal estate will survive to the benefit of his or her personal representatives. comes to an end on his death. . and assistance’. and the distress of mind he had suffered on her account. from the time of the accident till the moment of her dissolution. KBD 8 Dec 1808 The plaintiff and his wife had been thrown from the roof of a coach. In a civil Court. and the loss of his wife’s society. [2014] UKSC 22. Bailii Summary. must stop with the period of her existence. UKSC 2012/0225.Ergo Versicherung Ag SC ([2014] WLR(D) 150. Held: The claim failed in part: ‘the jury could only take into consideration the bruises which the plaintiff had himself sustained. SC Summary) . the death of a human being could not be complained of as an injury. The plaintiff sought damages for the loss of his wife’s ‘comfort. Bailii. fellowship. and in this case the damages. SC. WLRD. as to the plaintiff’s wife. CASE LAWS 1)Baker v Bolton and others. Cox -v. unknown to C.2)Smith v Dha Summary Defamation – CPR 40. which alleged that he had tried to initiate a price-fixing agreement with C. and had received some 2000 aggregate non-unique views.7 – Death of Claimant – Abatement of Action – Power to revive Facts In 2010 C sued D over a web posting in a specialist internet forum for Subara car enthusiasts. C’s representatives argued that the common law principle of actio personalis moritur cum persona applied and there is no . but before judgment was handed down. The application was heard in October 2012 after a lengthy period in which C had suffered from acute ill health and was unable to deal with the litigation. that there was no prospect of proving publication online and that there was no evidence of any damage to C. D expressed his condolences but invited the Court to hand down judgment even though the cause of action had abated on the death of C. On 7 November 2012. The forum thread in question had remained on the internet. C died and his death was reported to the Court. D pleaded defences of qualified privilege and justification and issued an application that C had consented to publication of the posting. after argument had taken place. many of whom bought parts through the website. .7. CPR 40. Issue Whether in a personal action which abates on death of a litigant there is any jurisdiction to hand down a reserved judgment Held The Court making no order the action having abated: 1.jurisdiction to revive an abated personal action such as defamation after the death by any party. 3(2)) for a judgment to take effect “on an earlier date”. The cause of action in libel abated on the date that the Claimant died and it becomes defunct and there was no jurisdiction to revive or continue it in order to hand down judgment on an argument which had taken place. or such later date as the court may specify.” A judgment cannot be backdated to the date of the relevant hearing. was a clear rule: “A judgment or order takes effect from the day when it is given or made. 2. which abandoned a previous provision of the Rules of the Supreme Court (RSC Order 42 r. the order of the lower Court is liable to be set aside. in consequence of which the plaintiff had incurred considerable loss. learned counsel for the third respondent countered this argument and submitted that the cause of action for recovery of compensation does not survive after the death of . Miller. 1993 Sri M. Miller.S. cannot be said to be loss to the estate. and brought an action on the case against Charles E. 212 212 (1854): Henshaw was a citizen of Massachusetts. Sri B. 17 How. On the other hand. Upon the return of the scire facias. Miller.P. Miller died. Lakshmana Sarma. After issue joined upon the plea of not guilty. 4) Nurani Jamal And Others vs Naram Srinivasa Rao And Others on 5 April. and the question was certified to this Court. Ramamohana Rao. and on motion of the plaintiff. when the judges were divided in opinion whether the action survived the executor or abated. learned counsel for the petitioner submitted that the lower Court dismissed the petition mainly on the ground that the compensation claimed by the original petitioner in the main O.3) Henshaw v. Therefore. a scire facias was issued for the purpose of reviving the suit against John R. for fraudulently recommending one Robinson as worthy of credit. his executor. the executor moved to quash it. V. in his lifetime. 58 U. Chaman Lal. V. the action does not survive after the death of the injured. one Venkateswara Rao sustained injuries in a motor accident and.149/66 claiming compensation under S. The learned Judge considered an identical question viz. he filed O. Krishna Rao. Lakshmana Sarma. It would be apt to wrote the following passage from his judgment. He also submitted that the common law maxim "actio personalis moritur cum persona" applies to this case and. Sri M. . J. whether the common law maxim 'actio personalis moritur cum persona' applies and in a well- considered judgment. reported in Joti Ram v. 110A(1) of the Motor Vehicles Act. who allowed the said appeal.P. He died even before the said petition was disposed of and his wife and children who are his legal representatives. which also followed the view expressed by Justice A. learned counsel for the petitioners also brought to my notice a Division Bench judgment of Punjab and Haryana. it is clear that the action for recovery of .. held that the cause of action survives to the legal representatives. In the said decision. As the said application was dismissed by the Tribunal. therefore. the matter was carried in appeal to the High Court. and the matter came up before A. Krishna Rao. if there is loss to the estate. Therefore. therefore.the original petitioner since the action is purely of a personal nature. V. filed an application to come on record. has agreed with the maxim "actio personalis moritur cum persona". therefore.damages for personal injuries will not die with the death of the injured and the maxim 'actio personalis moritur cum persona' has no application where there is loss to the estate of the deceased. has application in respect of all personal wrongs. AIR 1994 AP 6. Unless it is shown that the estate of the deceased 3rd defendant wrong-doer was benefited by the tortious act committed by him." The learned Judge. this decision also does not help the third respondent. 1994 ACJ 222. an action would lie against the representatives of a wrong-doer'. Therefore. undoubtedly the action is brought by the plaintiff on the foot of a personal wrong of the deceased 3rd defendant and the 2nd defendant. citations: I (1995) ACC 344. the right to sue does not survive because the personal action is said to die with the person. "In the instant case. 1993 (1) ALT 686 . but he recognized an exception 'where a tort-feasor is benefited by the wrong done. CONCLUSION – This project seems to be analytical in the prospects of the legal maxim Actio personalis moritur cum persona. We consider it with the help of different case laws stated above to have a superior thought as the law in India. This project was exceptionally useful to me as I gained information and came to think about things which I don’t know about and helped me scholastically. Henceforth case laws see such doctrines. . So in this project we recorded few of the legal rights and examined and analyses it down and went over the lawful activity that can be practiced in this setting. After analyzing the several cases related to liability Actio personalis moritur cum persona . But there is certain exception to this general rule. I have been able to understand how a person is able to sue and general exceptions in law of torts. com www.scconline.com www.wikipedia.com .e-lawrescource.lawarticles.com www.BIBLIOGRAPHY:- www.com www.indiankanoon.manupatra.com www.