Discharge of Torts in English Law

Posted on May 1, 2024 in Law & Jurisprudence

Discharge of Torts

How Tort Cases Are Discharged

There are several ways in which a tort case can be discharged, meaning it is concluded and no further legal action can be taken.

Death

Historically, if the plaintiff in a tort case died before court proceedings began, the case would end. This was the case in England until 1934 when The Law Reforms (Miscellaneous Provisions) Act was passed. This act allowed tort cases to continue even after the death of the plaintiff, with a few exceptions:

  1. Defamation cases
  2. Seduction cases where one party is married
  3. Cases involving convincing a spouse to leave their partner
  4. Adultery cases where both parties are married
  5. Fornication cases where both parties are unmarried

Defamation refers to a false statement that harms someone’s reputation. However, calling a murderer a murderer is not considered defamation.

Further legislation, such as the Fatal Accidents Act of 1846 and The Lord Campbell Act of 1846, ensured that tort cases, particularly those involving death, could continue even after the death of the plaintiff or defendant. These cases would be continued by the deceased’s heirs.

Additional acts like The Employers Liability Act of 1880 and The Workmens Compensation Act of 1923 further solidified the principle that death does not automatically discharge a tort case.

Other Methods of Discharge

  1. Judgement: Once a court has issued a judgement, the case is discharged and cannot be tried again in the same court. However, the option to appeal the judgement may still be available.
  2. No Double Jeopardy: An individual cannot be tried and punished twice for the same offense.
  3. Release: If the party seeking damages chooses not to pursue them, the case can be discharged.
  4. Accord and Satisfaction: If both parties agree to a settlement outside of court, the case can be discharged.
  5. Waiver: Individuals with legal privileges or exemptions may choose to waive them, leading to the discharge of the case.
  6. Statutes of Limitation: There are time limits for filing tort claims. If a claim is not filed within the prescribed time, it becomes time-barred and the case is discharged. This principle is known as Acquiescence and is based on the idea that the legal system favors those who act promptly.