Law of Torts-I (Final Term)

Week 4: DISCHARGE OF TORTS

Session 1

4. RELEASE:

A release means the surrender of a right of action against a wrongdoer. It is open to an injured
party to release the wrongdoer from liability for nothing or for some sort of compensation.

A release is like a contract and is also known as a ‘covenant not to sue’. A voluntary release is
valid, it is permitted in law. Any release based on fraud or misrepresentation is void. An
individual who signs a release has the obligation to read its contents prior to executing it; the
person cannot have the release set aside because he or she has not become familiar with its
contents. A release is not void merely because the bargain was unwise.

Under the common law, when an individual who had been injured by the wrongful acts of two
or more persons—known as joint tortfeasors—executed a release to one of the defendants, the
releasor was regarded as having relinquished the claim against all the defendants, unless rights
against them were clearly and specifically reserved in the release. This rule proved to be unfair,
however, because it forced the injured party to give up an entire claim against all tortfeasors
without necessarily being totally compensated. Few jurisdictions still apply this rule. Most
states currently permit a plaintiff to continue an action against the remaining joint tortfeasors
after one of them has been released from liability unless the plaintiff has made an intentional
surrender of the claim or has been totally compensated. An agreement of this type is called a
COVENANT not to sue—the plaintiff does not give up the lawsuit but agrees not to enforce the
claim against a particular joint tortfeasor although the others are still liable.

The execution of release which is in the form of a covenant can also liberate all wrongdoers
from the liability. Release is different from Accord and Satisfaction because in the former a
wrongdoer can be liberated from liability for free while in case of the Accord and Satisfaction
there will always be compensation to be paid to the plaintiff.

5. Statutes of Limitation:

A legal action must be brought within the statutory time period. If not, the right to sue is
barred. In each jurisdiction, there is a Limitation Act providing different time periods for each
legal action. If an action is not brought within the stipulated time period, the case is time-
barred.