ACTIO PERSONALIS MORITUR CUM PERSONA
Meaning→→ A PERSONAL RIGHT OF ACTION→ DIES WITH→ PERSON.
Explanation→ This Maxim says that Right of action dies by death of either plaintiff or defendant.
According to this maxim,
actions of contract or tort
by the death of
either the injured or the injuring party.
- No legal cause of action is brought after the death of the a person, In case of the Defamation in tort. A Person defamed someone when he alive. then there defamation case filed by plaintiff. but defended dies then there is no legal action are there.It is same in Contract Law, This maxims is only applies to the those action which is a purely personal nature. Just Example like, Promise to Marry.
- In tort, This maxims generally used into the case of the defamation.
- The application of this maxims has been so narrowed recently, But many times ago it is one general rule for the tort.
Compensation of the injury recover by the personal representative or person relatives of the deceased person.
An injury had been done to his property in his lifetime.
Compensation are available for the injury to person property or killed person by someone negligent or in some cases of the Trespass.
The general rule of the common law is that, “any injuries were done to person or it his property by another, only Unliquidated damaged could be recovered by plaintiff and his representatives or his relatives in case his/her death.”
In short way, this maxims says that, ‘the action dies →with the person →to whom/by whom →the wrong was done.
Hasim commits battery→ on Lukman.
During this incident either of parties→ Dies.
Then Right of the action is→ Dies .
Nurani Jamal Vs Naram Srinivasas
This is case of motor accident claims entertain by singel judge bench of Andhra High court.
Facts of this case law
Person died in the motor accident then the legal representative of the person filed petition in trial court.
Then Civil Revision Petition file by legal representative to Andhra Pradesh High Court.
Then This two question consider before the court
whether the claim for damages survives after the death of the injured in a motor accident? and whether the legal representatives can continue the action if there is a loss to the estate of the deceased?
It was held by the court that
the action for damages for personal injuries will not dies with
the death of the injured.
the above maxim has→ no application → there is a loss to → the deceased.
Order →the Court allowed certain claims which are not personal to the plaintiff.
Hence, the principle that the cause of action survives, if there is loss to the estate has been recognized.
Girja Nandini Vs Bijendra Narain Choudhury
In this court held that legal cause of the action in case of defamation, assulat and any personal Injuries died with the death of either parties.
Khuzemabhai Syedna vs Mufaddal Burhanuddin Saifuddin,
In this case Bombay High Court consider this maxim as
Obscure in its origin
Inaccurate in its expression
Uncertain in its application.
ACTIO PERSONALIS MORITUR CUM PERSONA means, actions of contract or tort→ destroyed by the death of either→ the injured or the injuring party.
In short way, ‘the action dies →with the person →to whom/by whom →the wrong was done. But there is one exception is that Compensation of the injury recover by the personal representative or person relatives of the deceased person. An injury had been done to his property in his lifetime.