Law of Torts-I (Final Term)

Week 3: DISCHARGE OF TORTS

Session 3

2. WAIVER:

Waiver is the second mode of termination of torts. The tort is terminated or discharged when it
is waived off. To waive means to abandon, relinquish, give up or refrain from insisting. To make
it clearer, if a person has more than one remedy for the same wrong, and choses to pursue one
of them, abandoning the others, he/she must stand by his choice. The other remedies are said
to have been waived by him/her. So, a waiver is simply a choice between remedies. This
example is going to make it clearer. If the injured person has remedies for tort and breach of
contract, and he/she choses to sue for the latter, the cause of action in tort is waived off,
he/she cannot revert to it in law.

3. ACCORD AND SATISFACTION:

An accord means, ‘a mutual agreement to pay in return of to do something’. Both parties enter
into an agreement, one party pays for the wrong which satisfies the party against whom the
wrong is committed. In return the victim or a party against whom the wrong is committed
agrees not to pursue the case anymore. Accord and satisfaction operates as a bar to the right of
a legal action to sue the other party. Accord and satisfaction can be entered into between the
two parties before or during the pendency of the case in court. Once the arrangements are
entered into finishes or ends up the matter. It is considered as a patch up of the matter forever.