''Actio personalis moritur cum persona'' is a

Latin Latin (, or , ) is a classical language belonging to the Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through the power of the ...

expression meaning "a personal right of action dies with the person".

Effect of the maxim

Some legal causes of action can survive the death of the

claimant A plaintiff ( Π in legal shorthand) is the party who initiates a lawsuit (also known as an ''action'') before a court. By doing so, the plaintiff seeks a legal remedy. If this search is successful, the court will issue judgment in favor of the ...

plaintiff A plaintiff ( Π in legal shorthand) is the party who initiates a lawsuit (also known as an ''action'') before a court. By doing so, the plaintiff seeks a legal remedy. If this search is successful, the court will issue judgment in favor of the p ...

, for example actions founded in

contract law A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to tran ...

. However, some actions are personal to the plaintiff,

defamation of character Defamation is the act of communicating to a third party false statements about a person, place or thing that results in damage to its reputation. It can be spoken (slander) or written (libel). It constitutes a tort or a crime. The legal defini ...

being one notable example. Therefore, such an action, where it relates to the private character of the plaintiff, comes to an end on his death, whereas an action for the publication of a false and malicious statement which causes damage to the plaintiff's personal estate will survive to the benefit of his or her

personal representative In common law jurisdictions, a personal representative or legal personal representative is a person appointed by a court to administer the estate of another person. If the estate being administered is that of a deceased person, the personal repres ...

s. The principle also exists to protect the estate and

executors An executor is someone who is responsible for executing, or following through on, an assigned task or duty. The feminine form, executrix, may sometimes be used. Overview An executor is a legal term referring to a person named by the maker of a ...

from liability for strictly personal acts of the deceased, such as charges for

fraud In law, fraud is intentional deception to secure unfair or unlawful gain, or to deprive a victim of a legal right. Fraud can violate civil law (e.g., a fraud victim may sue the fraud perpetrator to avoid the fraud or recover monetary compens ...

Origins of the maxim

It has been argued by academics and acknowledged by the courtscf. the remarks of Viscount Simon in ''Stewart v. London, Midland and Scottish Railway Co. 1943 SC (HL) 19 at 26'' that notwithstanding the Latinate form in which the proposition is expressed its origins are less antiquated. It has been described by one

Lord Chancellor The lord chancellor, formally the lord high chancellor of Great Britain, is the highest-ranking traditional minister among the Great Officers of State in Scotland and England in the United Kingdom, nominally outranking the prime minister. The ...

(

Viscount Simon Viscount Simon, of Stackpole Elidor in the County of Pembroke, was a title in the Peerage of the United Kingdom. It was created on 20 May 1940 for the Liberal politician Sir John Simon. He was Home Secretary from 1915 to 1916 and 1935 to 1937 ...

) as:

...not in fact the source from which a body of law has been deduced, but a confusing expression, framed in the solemnity of the Latin tongue, in which the effect of death upon certain personal torts was inaccurately generalised.

The

maxim Maxim or Maksim may refer to: Entertainment * ''Maxim'' (magazine), an international men's magazine ** ''Maxim'' (Australia), the Australian edition ** ''Maxim'' (India), the Indian edition *Maxim Radio, ''Maxim'' magazine's radio channel on Sir ...

is first quoted in a case from 1496, where a woman against whom a defamation judgment was issued died before paying the damages to the

tortfeasor A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable ...

. The Kings Bench first used the maxim in Cleymond v Vincent (1523) but it was popularized by

Edward Coke Edward is an English given name. It is derived from the Anglo-Saxon name ''Ēadweard'', composed of the elements '' ēad'' "wealth, fortune; prosperous" and '' weard'' "guardian, protector”. History The name Edward was very popular in Anglo-Sa ...

, with cases like Pinchons Case (1616), and Bane's Case, and to some extent with Slades Case. (1605) Judicial discussions of the term followed ''

Pinchon's case Pinchon's case was an early court case and precedent in assumptsit. Pinchons case established that contractual liability was transmittable to an estate if the debtor had died. However, the court also held that ''collateral promises'' did die with ...

'' in '' Hambly v. Trott.'' and later ''

Phillips v Homfray ''Phillips v Homfray'' is an important landmark decision in English law of restitution. The court case lasted 20 years, and was complicated by the death of one of the defendants. It involved a matter in which the defendant had committed a tre ...

''.Phillips v Homfray

892 Year 892 ( DCCCXCII) was a leap year starting on Saturday (link will display the full calendar) of the Julian calendar. Events By place Europe * Summer – Poppo II, duke of Thuringia (Central Germany), is deposed by King Arnul ...

1 Ch 465 (CA).

References

{{DEFAULTSORT:Actio Personalis Moritur Cum Persona Latin legal terminology

Effect of the maxim

Origins of the maxim

See also

References