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Legal Terms - Actio Personalis Moritur Cum Persona
Actio personalis moritur cum persona is a Latin legal maxim that means "a personal right of action dies with the person.
[Latin: a personal action ceases to exist upon the death of the individual involved] The maxim holds that the actions of tort or contract are nullified at the death of either the injured or the damaging party.
Contemporary laws ensure that this is seldom true. Prior to the enactment of the Fatal Accidents Act 1846, it was more advantageous for a doctor to intentionally cause the death of a patient rather than causing them injury in cases involving negligence. This scenario evolved due to the initial belief that the main purpose of tort law was to impose punishment rather than provide compensation for inflicted harm. The principle remains in effect in the field of defamation, stating that it is not permissible to harm the reputation of deceased individuals.
Actio personalis moritur cum persona is a Latin legal maxim that means "a personal right of action dies with the person.
[Latin: a personal action ceases to exist upon the death of the individual involved] The maxim holds that the actions of tort or contract are nullified at the death of either the injured or the damaging party.
Contemporary laws ensure that this is seldom true. Prior to the enactment of the Fatal Accidents Act 1846, it was more advantageous for a doctor to intentionally cause the death of a patient rather than causing them injury in cases involving negligence. This scenario evolved due to the initial belief that the main purpose of tort law was to impose punishment rather than provide compensation for inflicted harm. The principle remains in effect in the field of defamation, stating that it is not permissible to harm the reputation of deceased individuals.
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