Actio personalis moritur cum persona
idea · 1 work · 3 mentions · 8 anchored passages
actio personalis moritur cum persona · the maxim
in the texts
The Law of Torts
The common-law maxim that a right of action for a civil wrong dies with either the wronged person or the wrong-doer, examined, criticized, and qualified through statutory exceptions.
At all events “actio personalis moritur cum persona” will not serve in this case.
Nothing in these statutes affects the case of a personal injury causing death, for which according to the maxim there is no remedy at all.
In one class of cases there is a right to recover against a wrong-doer’s estate, notwithstanding the maxim of actio personalis, yet not so as to constitute a formal exception.