ACTIO PERSONALIS MORITUR PERSONA PDF

Literal Meaning. A personal right of action dies with the person. The maxim is first quoted in a case from , where a woman against whom a defamation judgment was issued died before paying the damages to the tortfeasor. It has been argued by academics and acknowledged by the courts that notwithstanding the Latinate form in which the proposition is expressed its origins are less antiquated.

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Legal maxim and Latin for a personal action dies with the person. Some legal causes of action can no longer be brought after a person dies, in some cases, defamation. In actions of tort this was formerly a general rule, but recently its application has been so generally narrowed that it probably affects only actions for libel and slander. Compensation may, however, now be recovered by the relatives of a person negligently killed.

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ACTIO PERSONALIS MORITUR CUM PERSONA

A maxim stating that actions of tort or contract are destroyed by the death of either the injured or the injuring party. Modern statutes mean that this is rarely the case. However, before the passing of the Fatal Accidents Act acceptance of this notion meant that in actions in negligence it was better for a doctor to kill his patient outright than to injure him. This situation arose because it was originally believed that the primary function of tort was to punish and not to compensate for damage caused. All Rights Reserved.

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Actio personalis moritur cum persona

Actio personalis moritur cum persona is a Latin expression meaning "a personal right of action dies with the person". Some legal causes of action can survive the death of the claimant or plaintiff , for example actions founded in contract law. However, some actions are personal to the plaintiff, defamation of character being one notable example. Therefore, such an action, where it relates to the private character of the plaintiff, comes to an end on his death, whereas an action for the publication of a false and malicious statement which causes damage to the plaintiff's personal estate will survive to the benefit of his or her personal representatives. The principle also exists to protect the estate and executors from liability for strictly personal acts of the deceased, such as charges for fraud. It has been argued by academics [1] and acknowledged by the courts [2] that notwithstanding the Latinate form in which the proposition is expressed its origins are less antiquated.

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