![]() Even though defamation was not an exception earlier, it now is a legal cause of action that can be brought after a person dies if the person is held guilty of defamation, attacking/assaulting, or personal damages. As per the legal maxim, actions of torts or contracts are destroyed as soon as the person dies of either an injury or by the injuring party.Before she could pay the dues for the damage she had done to the tortfeasor, she died. In this case, a judgment was ruled against a woman and she was held guilty under the charges of defamation. This maxim was quoted and found in the literature of a case that was heard in a court in the year 1496 in Europe.To explain the entire concept of the legal maxim actio personalis moritur cum persona, we need to understand the roots of this principle. Thus, we now know that the main rule of this maxim is that all duties and remedies die with the person but defamation, attacking/ assaulting and personal damages are the three big exceptions of this legal maxim. Thus, all causes of actions in torts say for defamation and the claim for damages for bereavement survived the deceased.” Their duties, as well as remedies, are terminated upon their death but since the laws of the Miscellaneous Provisions Act, 1934 were reformed, it has been put out that, “ On the death of any person, all causes of actions vested in him shall survive for the benefit of his estate. Earlier, all types of actions which specifically include actions for unliquidated damages, or we can say actions of torts and contracts are terminated as soon as the person dies. ![]() In layman’s terms, a personal right and/or cause of action dies with the death of the person.
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