This is a personal action which cannot survive a party to a law suit. In a law suit, an action is said to die and terminate with a party who dies while his case is yet to be finally decided.

Instances are actions that border on defamation or negligence which are committed against a particular person. This principle does not, however, apply to a court action which borders on a party's property because such an action survives the party. If the party dies while the action is still on-going, his heirs may step into his shoes and continue with the case.
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Act of god Acting in good faith Actio personalis moritur cum persona Action Active Directory