According to the maxim, actions of tort or contract are destroyed by the death of either the injured or the injuring party. Some legal causes of action can no longer be brought after a person dies, in some cases, defamation. It has also been applied to actions arising out of contracts of a purely personal nature, e. In actions of tort, this was formerly a general rule, but recently its application has been so generally narrowed that it probably affects only actions for libel. However, besides the statutory exceptions mentioned, an action may be brought by the personal representatives of a deceased person for an injury done to his property in his lifetime. Compensation may, however, be recovered by the relatives of a person negligently killed and in some cases of trespass.
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Literal Meaning. A personal right of action dies with the person. The maxim is first quoted in a case from , where a woman against whom a defamation judgment was issued died before paying the damages to the tortfeasor. It has been argued by academics and acknowledged by the courts that notwithstanding the Latinate form in which the proposition is expressed its origins are less antiquated.
It is the principle of early law that the death of either of party to a personal duty takes away all remedy and destroys the duty. In English law , the principle is usually put in the form actio personalis moritur cum persona , an expression of uncertain but post-classical origin.
The doctrine is embodied and not peculiar to common law system. The idea belongs to primary strata in universal law. In modern times it has been gradually limited by judicial decisions and is now being still further restricted by legislation. If A commits battery on B and either party dies , the right of action which accrued to B by the reason of the battery is taken away.
But if A commits a battery upon B , or do other injury to him , any right of action which accrues to third person will not be affected by the death of B , so far as the application of the maxim in question is concerned. Case Reference. Hambly vs. Trott [ 1 cowp 37].
The action of trover was subjected to scrutiny in order to ascertain whether it is so far recuperatory as to be maintainable after the death of the tortfeasor. Lord Mansfield saw that the remedy savored strongly of property , but not sufficiently so to prevent the right of action from perishing with the person.
Therefore, this decision also does not help the third respondent. This case raised a still more difficult problem. Fitzerbert had said that the debt was dead , like the testator. Baker vs. Bolton [KBD 8 Dec ]. This case arose : The defendants were the proprietors of a stage coach , on the top of which the plaintiff and his wife were travelling from Portsmouth to London. The plaintiff brought an action for negligence and sought to recover for the loss of service and consortium.
Hence , the doctrine of merger was not applicable. Friday, June 5, Law Times Journal. Home Legal Maxims Actio personalis moritur cum persona. Legal Maxims. Utile per inutile non vitiatur. Ubi jus ibi remedium est.
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Actio personalis moritur cum persona
Actio personalis moritur cum persona is a Latin expression meaning "a personal right of action dies with the person". Some legal causes of action can survive the death of the claimant or plaintiff , for example actions founded in contract law. However, some actions are personal to the plaintiff, defamation of character being one notable example. Therefore, such an action, where it relates to the private character of the plaintiff, comes to an end on his death, 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. The principle also exists to protect the estate and executors from liability for strictly personal acts of the deceased, such as charges for fraud. It has been argued by academics  and acknowledged by the courts  that notwithstanding the Latinate form in which the proposition is expressed its origins are less antiquated.
Actio Personalis Moritur Cum Persona
Legal maxim and Latin for a personal action dies with the person. Some legal causes of action can no longer be brought after a person dies, in some cases, defamation. In actions of tort this was formerly a general rule, but recently its application has been so generally narrowed that it probably affects only actions for libel and slander. Compensation may, however, now be recovered by the relatives of a person negligently killed. Compensation may also be recovered in some cases of trespass. Legal Disclaimer: The content appearing on our website is for general information purposes only.
ACTIO PERSONALIS MORITUR CUM PERSONA
A maxim stating that actions of tort or contract are destroyed by the death of either the injured or the injuring party. Modern statutes mean that this is rarely the case. However, before the passing of the Fatal Accidents Act acceptance of this notion meant that in actions in negligence it was better for a doctor to kill his patient outright than to injure him. This situation arose because it was originally believed that the primary function of tort was to punish and not to compensate for damage caused.
actio personalis moritur cum persona