Actio Personalis Moritur Cum Persona: Origin, Meaning, Application and Important Case Laws

This article on the legal maxim, ‘Actio Personalis Moritur Cum Persona’ by Sahajpreet Bhusari explains the maxim along with its application and some illustrations.

Origin and Meaning

Actio Personalis Moritur Cum Persona is a legal phrase of Latin origin. Actio means ‘action/ act’, personalis means ‘personal’, moritur means ‘death’, cum means ‘with’ and persona means ‘person’ and hence the phrase literally means, a personal right/ cause of action dies with the person.

Explanation

Certain categories of legal causes of action cannot be brought after the death of the person. It means that the personal cause of action dies with the person and cannot be executed upon his legal heirs or other legal representatives.

Application

• Under common law, any injury done to either the person or property was recoverable only in the form of damages then the personal right of action of the injured party dies with the death of the injuring party. For example, suits of defamation.
• The maxim is applicable on contracts of personal nature. They die with the death of either of the parties to the contract. For example, promise to marry, draw a painting, etc. Such contracts become void on the death of either party.

Exceptions to the Maxim

• Contracts: Apart from the contracts of personal service, the maxim Actio Personalis Moritur Cum Persona does not apply to other forms of contracts and in those cases, the legal representatives of the dead party will be made liable for the execution of the same.
• Unjust enrichment of tortfeasor’s estate: In a scenario where the person has wrongfully appropriated the property and dies before the property has been recovered, the person whose property has been wrongfully appropriated will have a right of action against the representatives of the dead.

Illustration

1. A, a famous singer signs a contract to perform at the reception ceremony of B in July. A met with an accident in June and could not make it. In this case, B cannot execute the contract against the legal representatives of A.
2. A, wrongfully appropriates the property of B. A dies subsequently. B can execute his right of action against the legal representatives of A.

Important Case Laws

In the case of Hambly v. Trott[1] is known as one of the founding cases for the establishment of this maxim. It was in this case that the maxim is not applicable in cases of contracts (excluding those which include personal service or skill of the service provider) and unjustifiable enrichment.

In the case of Girja Nandini and Ors. v. Brijendra Narain Chaudhary[2], the legal phrase was referred to and it was held that the phrase Actio Personalis Moritur Cum Persona has limited application.

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Reference

[1] (1776) 1 Cowp 371.

[2] 1967 AIR 1124.

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1. Law Library: Notes and Study Material for LLB, LLM, Judiciary and Entrance Exams
2. Legal Bites Academy – Ultimate Test Prep Destination