actio personalis moritur cum persona
At common law, an action in tort ended on the death of either the wrongdoer or the injured person. The maxim has been largely abolished. In India, s.306 of the Indian Succession Act says that all demands and rights to prosecute or defend survive to and against the executor or administrator, except causes of action for defamation, assault, or other personal injuries not causing the death of the party.
So claims for damage to property, or for breach of contract, survive. Purely personal wrongs such as defamation still die with the person. Where the wrong causes death, the dependants have a separate claim under the Fatal Accidents Act, 1855 and, in road accidents, under the Motor Vehicles Act.
Example
The defamation suit filed by the late politician abated on his death, applying actio personalis moritur cum persona as preserved in s.306 of the Succession Act.
In Indian law
- Section 306, Indian Succession Act, 1925 (survival of causes of action)
- Fatal Accidents Act, 1855
See also
abatement · legal representative · defamation · tort
Read more in the study notes
- Death, marriage and insolvency of parties; withdrawal and compromise of suits (Civil Procedure Code and Limitation Act)