Week 4 Capacity to sue and to be sued in Torts

1.Capacity to file an action/ Diabilities  2. Capacity to be sued/ exceptions

The general rule of capacity to file an action sayas that every person whose lehal right has been infringed has a right to file an action for it. But there are certain exceptional circumstances wherein a person despite being a party wronged cannot file a suit in torts. This is in fact related to diffrent positions or status of the person like monir. A minor cannot file a suit for torts committed against his person or property directly. He has to file the suit through Guardian. Artifical Juristic person like Corporation cannot file suit for torts that can be committed against natural person onlu. However, a corporation is under no diability to maiant an action Defamtion or other breach of duties. Almost same is the situation regarding the capacity to be sued with a little variations. Sovereigns, Foreign Sovereign, King, Ambassadors  are amon thoes who have abouslte immunity to be sued. other categories like Minor, Trade Unions, Lunatics, Corporations stands in the category of thoes who can be sued in certain specific circumstancs. The anomaly regarding the capcity of married women to sue or to be sued is removed through Married Women Property Act 1882. Thus now a  married women is under no disability to sue or to be sued.

Recommended Cases 

Phillips V. Eyre

Mastaya V. Fabrigas

Wilkies V. Woods

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personal-disabilities.pdf (0.34 MB )

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