Actio personalis moritur cum persona
⚖️ Actio Personalís Morítur Cum Persona
Latin Meaning:
“A personal action dies with the person.”
It is a common law maxim in tort and contract law.
1️⃣ Definition
The doctrine states that a personal right of action cannot survive the death of the person entitled to it.
In simpler terms:
If someone has a personal claim for damages (e.g., defamation, assault), the right to sue ends when the claimant dies.
It applies primarily to civil actions that are personal in nature, not to property rights or contractual obligations.
2️⃣ Key Features
| Feature | Explanation |
|---|---|
| Personal Nature | Applies to claims that are personal to the deceased, such as pain and suffering, defamation, or assault. |
| Extinguishment | The right of action dies with the person who could have claimed it. |
| Non-transferable | Cannot be inherited, assigned, or claimed by heirs. |
| Scope | Mostly applies to torts involving personal injury, reputation, or emotional distress. |
| Exceptions | Property disputes, contractual claims, or causes of action involving loss to the estate survive death. |
3️⃣ Judicial Illustration
Keech v. Sandford (1726) 2 Sel Cas 61
Established that fiduciary duties are personal; personal claims die with the individual.
Black v. Carmichael (1854) 14 ER 200
Claim for defamation cannot be maintained by heirs after the person’s death.
4️⃣ Scope and Limitations
Applies To:
Personal torts: defamation, assault, seduction, personal injuries.
Actions where the right is inherently personal.
Does Not Apply To:
Property or contract claims: Heirs can sue for recovery of money, property, or contractual damages.
Claims for debt or breach of contract, even if the deceased was a party.
5️⃣ Rationale
Personal right = arises from individual dignity, pain, or reputation.
Once the individual dies, the reason for the action disappears, hence the law extinguishes it.
Prevents harassment of defendants for personal grievances after death.
6️⃣ Exceptions in Modern Law
Many statutes and civil codes provide that some personal torts can be claimed by legal representatives for the benefit of heirs (e.g., compensation for fatal accidents under Motor Vehicles Act, 1988).
Workaround: Actions related to wrongful death or loss to estate are now recognized in law.
✅ Key Takeaways
Actio personalis moritur cum persona = personal action dies with the person.
Applies mainly to personal torts like defamation, assault, or emotional distress.
Does not apply to property, contracts, or financial claims—these survive death.
Modern statutes have modified this principle to allow heirs or legal representatives to claim compensation in some cases.
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