1 / 13

CAPACITY TO SUE AND BE SUED

CAPACITY TO SUE AND BE SUED. Faculty of law. Capacity to sue and be sued. In the law of torts the general rule is that all persons are entitled to sue and are liable to be sued. This rule is subject to certain exception which may be considered under two heads: Who cannot sue?

Antony
Download Presentation

CAPACITY TO SUE AND BE SUED

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. CAPACITY TO SUE AND BE SUED Faculty of law

  2. Capacity to sue and be sued • In the law of torts the general rule is that all persons are entitled to sue and are liable to be sued. This rule is subject to certain exception which may be considered under two heads: • Who cannot sue? • who cannot be sued?

  3. A) Who cannot sue? • The person who cannot sue due to personal disability include the following, among others: 1) convict: a convict is a person against whom judgment of death has been pronounced (felony or treason). He cannot sue for wrongs for his properties. But a person who is not a felon can sue the torts to his property.

  4. A) Who cannot sue? • The person who cannot sue due to personal disability include the following, among others: 2) Alien enemy without permission: an alien enemy who resides in the country without permission of residence cannot sue for torts.

  5. A) Who cannot sue? • The person who cannot sue due to personal disability include the following, among others: 3) Husband and wife: husband and wife can sue each other for the torts to property owned by one of them, but neither of them can sue the other for assault defamation or personal injuries.

  6. A) Who cannot sue? • The person who cannot sue due to personal disability include the following, among others: 4) bankrupt: a bankrupt is a person or entity unable to pay debts due insolvency. A bankrupt cannot sue for wrongs in respect of his property because vests in a trustee in bankruptcy.

  7. A) Who cannot sue? • The person who cannot sue due to personal disability include the following, among others: 5) corporation: a corporation is considered as a person in the eye of law and can sue for wrongs to its property or business. But it cannot sue for personal wrongs like assault, such injuries cannot be inflicted on a corporation.

  8. B) Who cannot be sued? • Some persons cannot be sued: 1) Sovereign (heads of the state): heads of the state are not liable for wrongs when they are exercising the powers and duties of their offices.

  9. B) Who cannot be sued? • Some persons cannot be sued: 2) Act of state: it is an act done in exercise of sovereign power in relation to another state which cannot be questioned by municipal courts.

  10. B) Who cannot be sued? • Some persons cannot be sued: 3) Foreign sovereign and ambassador: Courts have no jurisdiction over an independent foreign sovereign, these include but are not limited to diplomatic agent or ambassador and his family.

  11. B) Who cannot be sued? • Some persons cannot be sued: 4) Infants and lunatic: infants are those under 18 years of age. A minor is general liable for his torts like adult, but where knowledge, intent or malice is necessary ingredient of tort, infancy may be good defense. (i.e., deceit, technical assault), has not attained sufficient maturity of understanding

  12. B) Who cannot be sued? • Some persons cannot be sued: 5) intoxicant: intoxicant is not liable in tort if he is unable to understand what is wrong or right. 6) corporation: the company is not liable the ultra vires of its employees. • Employment • Scope of the work

  13. B) Who cannot be sued? • Some persons cannot be sued: 7) Married woman: the husband is not liable for the torts committed by his wife in her individual capacity.

More Related