“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

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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.

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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

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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