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Example
Statutory link
Exceptions / limits
Opposite / Related
Exam tip
Memory trick
Key takeaway
Actio personalis moritur cum persona
| Literal meaning | A personal action dies with the person |
|---|---|
| Pronunciation | AK-tee-oh per-soh-NAH-lis MOR-ih-tur kum per-SOH-na |
A right to sue for a purely personal wrong ends when the injured person or the wrongdoer dies. It was a rule of the common law on personal torts.
Example
A person is defamed and dies before suing. In the old rule his heirs could not carry on a suit for the defamation.
Statutory link
Section 306 of the Indian Succession Act, 1925 keeps this rule with exceptions, such as suits for damage to the estate of the dead person.
Exceptions / limits
The rule applies mainly to torts like defamation, assault and malicious prosecution. Suits for damage to property or contract can continue.
Exam tip
Asked as an exception to the idea that every wrong has a remedy.
Memory trick
Personal wrong, personal end.
Key takeaway
A purely personal action ends with the death of the person.
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