Extinction of Liability - Overview, Structure, Properties & Uses

Extinction of Liability

Edited By Ritika Jonwal | Updated on Jul 02, 2025 06:07 PM IST

Extinction of liability, sometimes referred to as discharge of liability, is the legal phrase for the circumstance wherein a tortfeasor's liability may vanish after a set period. Even though a tortfeasor is liable, the time to file a claim is now closed. The plaintiff does not have a right to compensation from the offender. When a tort extinction occurs, the situation is such that there is responsibility but no remedy. Discharging oneself from tort or liability is bringing the tort to an end. It's a procedure that renders the wrongdoer harmless and ends the tort.

This Story also Contains

What is Liability?
Categories of Liability
Meaning of Extinction of Liability
Modes of Extinction of Liability
Consequences of Discharge of Tort
Case Laws on Extinction of Liability
Conclusion

Extinction of Liability

What is Liability?

Liability is only the state of being accountable for one's actions. When someone commits a tort, they are held responsible for their wrongdoings (except for those covered by a contract). Tort claims are made in civil court. To redress wrongs (violations of civil law, social standards, or common law) without using criminal prosecution, this body of English common law was established. As a result, the usual method of compensating for a tort is the payment of monetary damages. The victim, also known as the plaintiff, must establish that they were hurt by the defendant's actions for there to be a finding of a tort. But the issue goes beyond injury. The following must also be proven by the plaintiff-

The defendant was obligated to defend their legally protected right.
That obligation to protect was breached or failed by the defendant.
There was an injury to the plaintiff
The defendant's failure or violation caused the hurt or injury.

The court may grant punitive damages in specific circumstances. The defendant is required by the court to pay this sum of money to stop the offence from occurring again.

Categories of Liability

Intentional Tort Liability

A purposeful conduct by one person or entity that injures or damages another is known as an intentional tort. One can divide intentional torts into smaller groups, such as

Physical Injuries- Certain torts, including battery, can result in bodily harm. Since the action caused the harm, it makes no difference if the injury was deliberate or not.
Reputation and Psychological harm- Other torts that can harm a person's mental health include privacy invasion and slander.

Strict Tort Liability

Intent or carelessness are not what cause strict liability torts to occur. Strictly liable parties are nevertheless responsible for the consequences of their actions, even if they are not at fault or did not intend to harm. The strict liability definition places attention on the conduct itself, rather than the person who caused the harm. Extremely dangerous situations carry stringent liability.

Negligent Tort Liability

When you fail to take reasonable precautions to prevent damage or injury to others, you are committing a negligent tort. Another name for it is a tort of reasonable standard of care.

The scope of negligence extends beyond professional culpability. It might also apply to auto or general liability. Depending on the situation, the insurance coverage might not pay for the effects of a careless deed.

Meaning of Extinction of Liability

Extinguishment of a tort occurs when circumstances allow for continued liability but removal of the potential remedy. Stopping the tort is known as a liability or tort discharge. It is a procedure that nullifies the tort and releases the offender from all liability.

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Modes of Extinction of Liability

There are various methods to resolve a tort, and as of right now, there is no remedy. The tort is terminated by this method. A criminal is not responsible for his deeds. The methods for tort discharge are listed below.

Death of the Parties

Actio personalis moritur cum persona, which means, in essence, "personal right of action dies with the person," is applicable in this case. One's acts have the power to kill. According to this basic proverb, the right of an individual who commits a tort or who is the victim of one to sue for damages or other remedies likewise dies with them. This proverb holds in two situations.

Death of the defendant after the tort's commission
when the transgressor acknowledges their error

For Example-

If Y dies while the case is still pending in court, Y may file a claim against Z for the tort Z committed. As Y is the only party whose right of action passes away, the tort is discharged as a result of Y's demise.

By waiver

Waiver is the second way to put a stop to a tort. Waiving is the procedure of requiring him to choose one treatment from a variety of possibilities that are shown to him. All other remedies are not available to him, except defamation and violent crimes. The waiver theory is based on two essential ideas.

One treatment must be selected by the patient.
A court of law prohibits a person from using a different remedy if their favoured one turns out to be ineffectual.

For example-

Z will have to choose one remedy from the list of choices if he sues S because S violated Z's rights. For example, Z would have to choose between a remedy available under contract law and a remedy available under tort law.

Loss of Life for The Torturing Party

It means that the tort is dismissed upon the death of the defendant, the person who committed the tort against the other person.

For example-

If Sagar committed the tort against Anjali, if Anjali filed a complaint against him, or if he passed away during the trial, then Sagar's right of action, or the discharge of tort, likewise ends with him.

Accord and Satisfaction

An "accord" is the settlement of a disagreement reached by the parties to a tort, i.e., the person committing the tort and the person it is committed against. An accord is the term for such a deal. In its widest sense, it is resolving the conflict by agreeing in exchange for having the right to sue. Both the wrongdoer and the victim of that wrongdoing will feel satisfied when the agreed-upon amount is paid. Once a resolution is found, the tort is discharged and no further legal action is taken.

For Example-

If V, the wealthy businessman's son struck one of his servants savagely, intruded on the body, or attempted to influence the servant improperly, the agreement and satisfaction are null and void because the servant's participation was coerced and is therefore not deemed to be his free consent.

Acquiescence

Using this process, the claim is dismissed based on the plaintiff's incapacity, such as not having enough time to travel to court or not having enough money to pay for the charges of the court. When someone who has the right to assert his rights does not do so for an extended time, the other party is relieved from liability.

For example-

If Rahul does not act against Shyam Rahul's right to enforce it for an extended length of time, then Rahul's right to do so will be automatically relinquished.

Judgement

Using this method, the tort is discharged based on the court's decision. If the court dismisses the tort after making its decision, no appeal for the same negligent act can be undertaken for the same remedy in a court of law. The theory of this tort discharge strategy is based on the legal doctrine of Res-Judicata, which holds that a court shouldn't revisit a cause of action that it has previously determined to be viable.

For example-

If a court ruling allows M to get compensation from J for the accident he caused previously, he later learned that he had to undergo another surgery. He is not allowed to ask the court for the same relief again.

Release

A release is the giving up of the ability to act. It refers to the act of someone committing a tort on their initiative. This right can only be used by the person who was harmed by the other party.

For example-

There has been a tortuous act when a police inspector causes harm to another individual. If the defendant threatens the aggrieved party and uses his position to obtain their consent, it is not a legitimate release.

Consequences of Discharge of Tort

Termination of Legal Liability

A tort discharge indicates that the person who perpetrated the wrongdoing is no longer legally liable. The freed party is no longer held legally responsible for their actions, and the injured party loses the opportunity to seek further remedies or damages for the tort.

Closure and Finality

When a tort is dismissed, the litigation is over. It allows the parties to move on from the incident and avoid ongoing legal disputes or drawn-out court cases. Discharge promotes finality since it resolves the conflict and allows the parties to focus on other aspects of their lives.

Preservation of Judicial Resources

By settling a tort, the legal system is relieved of the burden of continuous litigation. It enables courts to give priority to new disputes and distribute their limited resources to other cases. Discharge contributes to the smooth operation of the judicial system.

Limitation of Remedies

If a tort is dismissed, the injured party loses the chance to seek further remedies. This limitation preserves the notion of finality in legal proceedings and prevents the aggrieved party from suing the offending party repeatedly.

Impact on precedent: The outcome of a tort case could have an impact on earlier rulings by the courts. Court rulings and decisions on discharged torts may have an impact on how the law is interpreted and applied in later cases. These precedents serve as a guide for legal professionals and help to build reliable legal conceptions.

Protection of Rights

Both parties' legal rights and obligations are maintained when a tort is discharged. It upholds the principles of justice, equity, and the rule of law. When the legal system rejects a tort, it acknowledges that appropriate remedies have been investigated and that the interests of both parties have been taken into account.

Deterrence and Compliance

Exoneration from torts may serve as a disincentive, encouraging people to abide by the law and abstain from wrongdoing. People are incentivised to obey the law and avoid difficulty when they know their liability may be eliminated.

Case Laws on Extinction of Liability

In the case of Prusti v. Mohanty

In this instance, the defendant used factual deception to obtain a specific amount, but he passed away. The Orissa High Court held that if an individual was the subject of a money decree regarding the amount he received from the decree-holder by misrepresenting the facts, the liability would be personal and could not be extended to his son under the law because whatever relief a decree-holder has against the father ends with the father's death.

In the case of Brundsen v. Humphrey

In this case, The plaintiff, a taxi driver, had previously gotten payment for the harm done to his vehicle. It was later found that he had a hand fracture as a result of the injuries sustained in the accident. In addition, he is entitled to apply the remedy against the trespass to his body.

Conclusion

Torts arise when one person infringes another person’s rights or violates the civil rights of another person. This article describes the conditions under which the extinction of liability occurs where a person’s right to bring a suit may be denied. The conditions include death of the parties, By waiver, Loss of the life of the torturing party, accord and satisfaction, acquiescence, judgment and release. The above-mentioned conditions are exceptions to the liability under tort.

Frequently Asked Questions (FAQs)

1. What is extinguished liability?

The Financial Information Statement's list of specific excluded liabilities is known as "extinguished liabilities."

2. How can tortious liability be discharged?

The parties' deaths, accord and satisfaction, release, judgment, waiver, acquiescence, and the statute of limitations can all be used to discharge torts.

3. What is an example of tortious Liability?

When deliberate misconduct results in damages, a tortfeasor may be held accountable. For instance, a victim of intentional harm, such as when someone is punched or struck, may be able to file a civil lawsuit under tort laws.

4. What is the extinction of liability in tort?

Extinction of liability, sometimes referred to as discharge of liability, is the legal phrase for a scenario in which the liability of a tortfeasor may vanish after a set period.

5. What are damages in Tortious Liability?

Compensation, often known as legal damages, is the sum of money awarded to the harmed party to restore them to their pre-tort status. To assist a plaintiff in recouping their losses, they are paid. The main remedy available in a tort claim is damages.

6. How does the doctrine of res judicata affect the extinction of tort liability?

Res judicata, meaning "a matter judged," prevents the same parties from relitigating the same issue that has already been decided by a court. Once a final judgment is rendered on the merits of a case, the liability is considered extinguished with respect to that specific claim, preventing further legal action on the same grounds.

7. What is the effect of a settlement agreement on tort liability?

A settlement agreement typically extinguishes tort liability by resolving the dispute outside of court. When parties reach a mutually acceptable agreement to compensate for damages, and this agreement is properly executed, it usually includes provisions that release the defendant from further liability related to the incident in question.

8. How does the death of either the tortfeasor or the victim impact tort liability?

The impact of death on tort liability varies by jurisdiction and the nature of the claim. Traditionally, many tort claims did not survive the death of either party (actio personalis moritur cum persona). However, modern survival statutes often allow certain claims to continue. The death of the tortfeasor may limit recovery to their estate, while the victim's death may transform the claim into a wrongful death action pursued by their estate or beneficiaries.

9. Can a victim's contributory negligence extinguish a tortfeasor's liability?

In some jurisdictions, contributory negligence can completely extinguish a tortfeasor's liability if the victim is found to have contributed to their own injury, even slightly. However, many jurisdictions now use comparative negligence, which reduces damages in proportion to the victim's fault rather than completely barring recovery.

10. What is the role of novation in extinguishing tort liability?

Novation is a process where a new contract is substituted for an old one, effectively extinguishing the original obligation. In tort law, while less common than in contract law, novation can occur when parties agree to replace a tort-based obligation with a new contractual arrangement, thereby extinguishing the original tort liability.

11. Can a tortfeasor's liability be extinguished through delegation?

Generally, tort liability cannot be extinguished through delegation alone. A tortfeasor cannot escape liability simply by delegating their duties to another party. However, in some cases, if the delegation is accompanied by a novation or other agreement that transfers liability with the consent of all parties, it may effectively extinguish the original tortfeasor's liability.

12. What is the effect of a covenant not to sue on tort liability?

A covenant not to sue is an agreement where the injured party promises not to pursue legal action against the tortfeasor in exchange for some consideration. While it doesn't technically extinguish liability, it effectively prevents the enforcement of that liability, serving a similar practical purpose in resolving the dispute.

13. Can a tortfeasor's liability be extinguished through the doctrine of inevitable accident?

The doctrine of inevitable accident can extinguish tort liability when an event occurs that was not foreseeable and could not have been prevented by reasonable care. If a defendant can prove that the accident was truly inevitable and not due to any negligence on their part, they may be absolved of liability.

14. What is the impact of a covenant not to execute on tort liability?

A covenant not to execute is an agreement where the plaintiff promises not to enforce a judgment against the defendant. While it doesn't technically extinguish the underlying liability, it prevents the plaintiff from collecting on the judgment, effectively neutralizing the practical consequences of the liability.

15. Can a tortfeasor's liability be extinguished through subrogation?

Subrogation itself doesn't extinguish liability, but rather transfers the right to pursue a claim from one party to another, typically an insurer. However, if the subrogated party (e.g., an insurance company) pursues and settles the claim, this can effectively extinguish the original tortfeasor's liability to the injured party.

16. Can bankruptcy extinguish tort liability?

Bankruptcy can extinguish certain tort liabilities, but not all. In general, dischargeable debts, including some tort judgments, can be eliminated through bankruptcy. However, certain types of tort liabilities, such as those arising from willful and malicious injury or drunk driving accidents, are often non-dischargeable and survive bankruptcy.

17. Can a tortfeasor's liability be extinguished through performance?

Yes, liability can be extinguished through performance when the tortfeasor fully satisfies their legal obligation to the victim. This typically involves paying the agreed-upon or court-ordered damages, after which the liability is considered discharged and the matter resolved.

18. How does merger affect the extinction of tort liability?

Merger in tort law occurs when a judgment is obtained against a tortfeasor. The original cause of action is said to merge into the judgment, extinguishing the initial tort liability and replacing it with a new obligation based on the judgment. This prevents re-litigation of the same issue.

19. Can tort liability be extinguished through set-off?

Set-off can extinguish tort liability to the extent that mutual debts exist between the parties. If both the plaintiff and defendant have valid claims against each other, these claims may be set off, potentially reducing or eliminating the liability. However, the applicability of set-off in tort cases can be limited and varies by jurisdiction.

20. What role does ratification play in extinguishing tort liability?

Ratification occurs when a party approves of an act after it has been done, potentially extinguishing tort liability. For example, if a principal ratifies an unauthorized act of their agent that would otherwise be tortious, this ratification may extinguish the agent's liability and transfer it to the principal.

21. What is meant by "extinction of liability" in tort law?

Extinction of liability refers to the termination or end of a tortfeasor's legal responsibility to compensate the victim for damages caused. This occurs when certain legal conditions are met, effectively releasing the wrongdoer from their obligation to pay damages or face legal consequences for their tortious act.

22. What is the role of sovereign immunity in extinguishing tort liability?

Sovereign immunity is a legal doctrine that can extinguish tort liability for government entities and officials acting within their official capacity. While many jurisdictions have waived sovereign immunity to some extent, it can still serve to limit or extinguish liability in certain cases involving government actors.

23. How does the concept of "volenti non fit injuria" relate to the extinction of liability?

"Volenti non fit injuria" (to a willing person, no injury is done) is a principle that can extinguish liability when a person voluntarily assumes the risk of harm. If the victim knowingly and willingly exposed themselves to a known danger, they may be barred from recovering damages, effectively extinguishing the tortfeasor's liability.

24. Can a tortfeasor's liability be extinguished through impossibility of performance?

While more commonly associated with contract law, impossibility of performance can sometimes extinguish tort liability. If it becomes genuinely impossible for a tortfeasor to remedy the harm or comply with a court order due to circumstances beyond their control, this may in some cases lead to the extinction of their liability.

25. Can tort liability be extinguished through the passage of time alone?

While the passage of time alone doesn't automatically extinguish liability, it can lead to extinction through the operation of statutes of limitations or the doctrine of laches. These time-based defenses are designed to promote legal certainty and prevent the pursuit of claims after evidence may have degraded or been lost.

26. How does the concept of "accord and satisfaction" relate to extinction of liability?

Accord and satisfaction is a method of extinguishing liability where the parties agree to accept an alternative performance or compensation in place of the original obligation. When the new agreement (accord) is fulfilled (satisfaction), the original liability is considered extinguished, even if the new performance differs from what was initially owed.

27. How does a release agreement affect tort liability?

A release agreement is a contract in which one party agrees not to pursue legal action against another for a specific incident or set of circumstances. When properly executed, a release can extinguish tort liability by creating a legally binding promise not to sue, effectively barring future claims related to the covered events.

28. What is the difference between waiver and release in extinguishing liability?

While both can extinguish liability, a waiver is typically a voluntary relinquishment of a known right or claim, often made before any incident occurs. A release, on the other hand, is usually executed after an incident and involves agreeing not to pursue legal action for a specific event that has already taken place.

29. Can a victim's consent extinguish liability in tort law?

Yes, consent can extinguish liability in certain circumstances. If a person voluntarily agrees to assume the risk of harm associated with an activity, they may be barred from claiming damages if injury occurs. However, consent must be informed, freely given, and not obtained through coercion or fraud to be valid as a defense.

30. What role does the statute of limitations play in extinguishing tort liability?

The statute of limitations sets a time limit within which a plaintiff must file a lawsuit. If this period expires before legal action is taken, the defendant's liability is typically extinguished, even if the claim was otherwise valid. This promotes legal certainty and prevents the pursuit of stale claims.

31. What is the impact of estoppel on the extinction of tort liability?

Estoppel can extinguish tort liability by preventing a party from asserting a claim or defense that contradicts their previous statements or actions. If a victim's conduct leads a potential defendant to reasonably believe they won't be held liable, and the defendant relies on this to their detriment, estoppel may bar the victim from later pursuing a claim.

32. How does the doctrine of laches affect the extinction of tort liability?

The doctrine of laches is an equitable defense that can extinguish liability when a plaintiff unreasonably delays in bringing a claim, causing prejudice to the defendant. Unlike statutes of limitations, which set specific time limits, laches is based on the principle that equity aids the vigilant, not those who sleep on their rights.

33. How does the doctrine of "unclean hands" impact the extinction of tort liability?

The doctrine of "unclean hands" is an equitable principle that can lead to the extinction of tort liability if the plaintiff has acted unethically or in bad faith in relation to the subject of the complaint. If a court finds that the plaintiff's conduct was sufficiently improper, it may refuse to grant relief, effectively extinguishing the defendant's liability.

34. How does the concept of "ex turpi causa non oritur actio" relate to the extinction of liability?

"Ex turpi causa non oritur actio" (from a dishonorable cause an action does not arise) is a legal doctrine that can extinguish tort liability when the plaintiff's claim arises from their own illegal or immoral act. Courts may refuse to assist a plaintiff who comes to court with "unclean hands," effectively extinguishing the defendant's liability.

35. What is the impact of a general release on tort liability?

A general release is a broad agreement that discharges all known and unknown claims between parties. When properly executed, it can extinguish all tort liability related to past events between the parties, even for claims that may not have been specifically contemplated at the time of signing.

36. How does the concept of "volenti non fit injuria" differ from assumption of risk in extinguishing liability?

While both concepts can lead to the extinction of liability, "volenti non fit injuria" is a broader principle that applies when a person willingly accepts a known risk. Assumption of risk is a more specific defense that requires the plaintiff to have actual knowledge of the particular risk and voluntarily choose to encounter it. Assumption of risk is often considered a subcategory of the broader "volenti" principle.

37. Can tort liability be extinguished through the doctrine of frustration?

The doctrine of frustration, primarily a contract law concept, can in some cases impact tort liability. If the fundamental purpose of an agreement becomes impossible or radically different due to an unforeseen event, this might extinguish certain tort liabilities that were contingent on the performance of that agreement.

38. What is the effect of a statute of repose on tort liability?

A statute of repose sets an outer limit for bringing a claim, regardless of when the injury was discovered. Unlike a statute of limitations, which typically begins running when the injury is discovered or should have been discovered, a statute of repose can extinguish liability even before an injury occurs, providing a definitive end to potential liability.

39. How does the concept of "accord and satisfaction" differ from a settlement in extinguishing liability?

While both can extinguish liability, accord and satisfaction specifically involves accepting a different performance or compensation than what was originally owed. A settlement, on the other hand, is a broader term that can include various forms of agreement to resolve a dispute, which may or may not involve an accord and satisfaction.

40. What role does the doctrine of mitigation play in potentially extinguishing tort liability?

The doctrine of mitigation doesn't directly extinguish liability, but it can reduce the amount of damages a plaintiff can recover. If a plaintiff fails to take reasonable steps to minimize their losses following a tort, the court may reduce the damages awarded, effectively extinguishing part of the tortfeasor's liability for those avoidable losses.

41. How does the concept of "de minimis non curat lex" relate to the extinction of tort liability?

"De minimis non curat lex" (the law does not concern itself with trifles) is a principle that can lead to the extinction of tort liability for very minor infractions. If a court determines that the harm or violation is so insignificant that it doesn't warrant legal action, it may dismiss the case, effectively extinguishing the tortfeasor's liability.

42. How does the concept of "ex gratia" payments relate to the extinction of tort liability?

Ex gratia payments are voluntary payments made without admission of liability or legal obligation. While they don't technically extinguish liability, they can often resolve a dispute and prevent further legal action, effectively serving the same purpose as extinction of liability in practical terms.

43. Can tort liability be extinguished through the doctrine of lapse?

The doctrine of lapse typically applies to gifts or bequests in property law, not tort liability. However, the concept of a right or claim lapsing due to the passage of time is similar to how statutes of limitations can extinguish tort liability, though the term "lapse" is not commonly used in this context.

44. What is the role of public policy in extinguishing tort liability?

Public policy considerations can sometimes lead to the extinction of tort liability. Courts may refuse to impose liability in certain cases if doing so would be contrary to public interest or societal values, effectively extinguishing what might otherwise be a valid claim.

45. How does the concept of "force majeure" relate to the extinction of tort liability?

Force majeure, or "superior force," refers to unforeseeable circumstances that prevent someone from fulfilling a contract. While primarily a contract law concept, it can impact tort liability in some cases. If a tortious act was truly caused by an unforeseeable and uncontrollable event, this might serve as a defense, potentially extinguishing liability.

46. Can a tortfeasor's liability be extinguished through the doctrine of official immunity?

Official immunity can extinguish tort liability for certain government officials acting within the scope of their duties. This doctrine protects officials from personal liability for actions taken in good faith as part of their official responsibilities, effectively extinguishing their individual tort liability in many cases.

47. What is the impact of a hold harmless agreement on tort liability?

A hold harmless agreement is a contract in which one party agrees to indemnify and protect another party from liability for certain actions or events. While it doesn't technically extinguish liability, it transfers the financial responsibility for any damages, effectively shielding the protected party from the consequences of liability.

48. How does the concept of "in pari delicto" affect the extinction of tort liability?

The doctrine of "in pari delicto" (in equal fault) can lead to the extinction of tort liability when both parties are equally at fault or engaged in wrongdoing. Courts may refuse to assist either party in such cases, effectively extinguishing the ability to recover damages and thus the practical impact of liability.

49. Can tort liability be extinguished through the doctrine of charitable immunity?

Charitable immunity, where it still exists, can extinguish tort liability for charitable organizations in certain circumstances. This doctrine protects charities from tort claims based on the rationale that their assets should be preserved for charitable purposes. However, many jurisdictions have abolished or limited this doctrine.

50. What role does the concept of "volenti non fit injuria" play in sports injury cases?

In sports injury cases, "volenti non fit injuria" often plays a significant role in extinguishing liability. Participants in sports are generally considered to have voluntarily assumed the ordinary risks inherent in the activity, which can bar recovery for injuries resulting from those risks, effectively extinguishing the liability of other participants or organizers.

51. How does the doctrine of intervening cause relate to the extinction of tort liability?

An intervening cause is an event that occurs after the defendant's negligent act and contributes to the plaintiff's injury. If the intervening cause is