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    Discharge of Torts Synopsis

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    Sanket Shivansh Srivastava
    This document is a rough draft submitted by a law student for their course on tort law. It introduces the concept of "discharge of torts," where a tortfeasor's liability ceases to exist even though they committed a legal wrong. The draft aims to study the different ways a tort obligation can be discharged and questions whether this is always just. It will examine concepts like waiver, accord and satisfaction, release, acquiescence, judgments, statutes of limitations and their application to discharging tort liability. Research will rely on doctrinal analysis of legal texts and previous studies on the topic.

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

    Discharge of Torts Synopsis

    Uploaded by

    Sanket Shivansh Srivastava
    258 views4 pages
    This document is a rough draft submitted by a law student for their course on tort law. It introduces the concept of "discharge of torts," where a tortfeasor's liability ceases to exist even though they committed a legal wrong. The draft aims to study the different ways a tort obligation can be discharged and questions whether this is always just. It will examine concepts like waiver, accord and satisfaction, release, acquiescence, judgments, statutes of limitations and their application to discharging tort liability. Research will rely on doctrinal analysis of legal texts and previous studies on the topic.

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    synopsis of discharge of torts

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    Discharge of Torts Synopsis (4)

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    This document is a rough draft submitted by a law student for their course on tort law. It introduces the concept of "discharge of torts," where a tortfeasor's liability ceases to exist even though they committed a legal wrong. The draft aims to study the different ways a tort obligation can be discharged and questions whether this is always just. It will examine concepts like waiver, accord and satisfaction, release, acquiescence, judgments, statutes of limitations and their application to discharging tort liability. Research will rely on doctrinal analysis of legal texts and previous studies on the topic.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    258 views4 pages

    Discharge of Torts Synopsis

    Uploaded by

    Sanket Shivansh Srivastava
    This document is a rough draft submitted by a law student for their course on tort law. It introduces the concept of "discharge of torts," where a tortfeasor's liability ceases to exist even though they committed a legal wrong. The draft aims to study the different ways a tort obligation can be discharged and questions whether this is always just. It will examine concepts like waiver, accord and satisfaction, release, acquiescence, judgments, statutes of limitations and their application to discharging tort liability. Research will rely on doctrinal analysis of legal texts and previous studies on the topic.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 4

    “DISCHARGE OF TORTS - EXISTENCE OF LIABILTY WITHOUT

    REMEDY”

    ROUGH DRAFT SUBMITTED IN THE PARTIAL FULFILLMENT OF THE COURSE

    TITLED-

    THE LAW OF TORTS

    SUBMITTED TO- SUBMITTED BY-

    Mrs. SUSHMITA SINGH NAME: SANKET SHIVANSH

    TEACHER ASSOCIATE COURSE: B.B.A, L.L.B(Hons.)

    ROLL NO- 2036

    SEMESTER- 1st

    CHANAKYA NATIONAL LAW UNIVERSITY

    NYAYA NAGAR, MITHAPUR, PATNA-800001

    1
    INTRODUCTION

    Torts mean a civil wrong which is not exclusively a breach of contract or breach of trust. Every
    civil wrong is not a tort, however those civil wrongs which are torts for them the remedy
    available is in form of unliquidated damages and compensation. The legal maxim “Ubi Jus Ibi
    Remedium” is applicable in law of torts. However there are certain circumstances where there is
    a liability but there is not remedy such cases fall under the purview of “DISCHARGE OF
    TORTS.

    Discharge of Torts can be defined as existence of such a situation where there exists a liability
    but the remedy does not exist. The meaning of discharge of tort is “coming to an end of tort”. It
    is a process by which tort cease to exist and a wrongdoer is not liable for wrong committed by
    him.

    AIMS AND OBJECTIVES:

    The researcher aims to fulfill below objectives through this project:

     The main aim of this project is to study about discharge of torts.


     To study the various ways by which the existing liability of a tortfeasor is ceased.

    2
    HYPOTHESIS
    The Hypothesis for this project is ‘Discharge of torts in certain cases proves to be unjust for the
    plaintiff.

    RESEARCH METHODOLOGY
    The researcher will be relying on Doctrinal method of research to complete the project.

    RESEARCH QUESTION

      What is a tort?
      What is discharge of torts?
      Different ways by which tort is discharged?
      How the legal maxim ‘actio personalis moritur cum persona’ is applicable?
      How the maxim “nemo debet bis vexari pro in et edem causa” is applicable?

    TENTATIVE CHAPTERIZATION

    1) Introduction
    2) Waiver by Election
    3) Accord and Satisfaction
    4) Release
    5) Acquiescence
    6) Judgment Recovered
    7) Statutes of Limitation
    8) Conclusion

    SOURCES OF DATA:

    The researcher used secondary sources of data to complete the rough draft.

    1) Secondary sources include all the websites on Torts which the researcher has consulted
    while making the project.
    2) Referred to Book Ratanlal & Dhirajlal

    3
    BIBLIOGRAPHY

    The researcher has consulted following sources to complete the rough proposal:

    SECONDARY SOURCES:

    1) WEBSITES:
     https://lawschoolnotes.wordpress.com/2016/10/31/discharge-of-tort/
     https://www.srdlawnotes.com/2015/10/discharge-of-tort.html

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