Parties in Torts: Capacity to Sue and be Sued | Civil Law for Judiciary Exams PDF Download

Introduction

Capacity in Legal Context

• Capacity in legal terms signifies a person's ability to sue or be sued according to the law.
• It applies to all parties involved in legal matters, particularly in tort cases.
• In tort law, all individuals possess the capacity to either sue or be sued, with certain limitations and exceptions.

Parties Involved in Torts

• Any individual directly impacted by or showing interest in an action leading to a civil wrong is considered a party to the tort.
• These individuals are categorized as plaintiffs (the aggrieved party) and defendants (the alleged wrongdoer).
• They play crucial roles in legal proceedings related to civil wrongs.

Restrictions on Legal Actions

• Legal systems impose restrictions on individuals regarding their ability to initiate legal actions or be subject to legal actions.
• These restrictions ensure a balance between individual liberties and legal responsibilities.
• Indian law, influenced by English tort law, incorporates regulations concerning the capacity of parties to sue or be sued.

Seeking Contribution from Joint Tortfeasors

• Individuals sued in tort cases have the right to seek contribution from other joint tortfeasors.
• This right allows the sued party to share the financial burden or liability with other responsible parties.
• It serves to distribute responsibility fairly among all parties involved in the wrongful act.

Parties to Torts

• Individuals against whom a civil wrong action is filed are known as parties to torts.
• The party initiating the civil suit is referred to as the Plaintiff, while the defending party is the Defendant.
• Parties to torts encompass those directly involved in the matter with the right to defend, control proceedings, or appeal in court.
• Individuals lacking these rights are considered as privies or strangers to the case.
• It is crucial to commence a civil suit with the correct party involved.
• If the plaintiff includes the wrong party or an incorrect number of parties, the case may not favor the plaintiff.

Parties Who Lack Capacity to be Sued in Torts

• Government: The government is immune from being sued in torts.
• Foreign Sovereign: Foreign sovereign entities are also protected from lawsuits.
• Ambassador: Individuals serving as ambassadors cannot be sued in their official capacity.
• Public Official: Public officials enjoy a level of immunity from being sued.
• Minor: Minors, due to their age and legal status, have limited capacity to be sued.
• Lunatic: Individuals deemed legally insane or mentally unstable are not typically subject to lawsuits.
• Corporation: Corporations, as legal entities, can be sued in place of their employees for wrongful acts.
• Trade Union: Trade unions, while representing workers, are generally protected from direct legal action.
• Married Women: Historically, married women required their husbands to be involved in legal proceedings, but laws have evolved to allow married women to be sued independently.

Details on Parties Lacking Legal Capacity to be Sued

• Married Women: Originally, married women couldn't be sued alone, needing their husbands' involvement. This changed with legal reforms.
• Minor: Minors can be sued for certain actions but are exempt from liability in cases where mental capacity is a significant factor. For instance, in the case of Walmsey vs. Humonick, a minor's lack of understanding led to a ruling in favor of the minor.
• Municipality, Centre, or State Government: Government bodies are generally immune from lawsuits for actions taken in their official capacities. For example, in the case of U.O.I vs. Sugrabai, the government was held liable for an action carried out by one of its employees during official duties.
• Lunatic: Individuals deemed legally insane are not held accountable for their actions in most cases.
• Alien Enemy: Alien enemies, individuals from hostile nations, are generally not subject to lawsuits without government permission.
• Corporations: Corporations, as legal entities, can be sued in civil matters through their representatives. For instance, in Poulton vs. London and S.W. Rly. Company, a corporation was not held liable for the actions of an employee acting beyond their official duties.
• Foreign Sovereign: Foreign sovereign entities can only be sued in India with government consent.

These legal principles ensure that certain parties are protected from legal actions based on their specific legal statuses and roles.

Who lacks capacity to sue?

• Convict
• Alien Enemy
• Married Woman
• Corporation
• Unincorporated Association
• Infant
• Insolvent

Capacity to sue is a crucial aspect in legal proceedings. Here are individuals who lack the capacity to initiate a lawsuit:

Convict

 A convict, while serving a sentence, traditionally could not sue for harm to their property. However, the Criminal Justice Act of 1948 addressed this issue, allowing convicts to seek redress for property damage.

Alien Enemy

An alien enemy, typically someone from a hostile nation, is restricted from suing independently. In India, special permission from the central government is required for them to file a lawsuit.

Married Woman

Historically, under English law, a married woman had limited rights to sue, as she was legally merged with her husband. Subsequent laws like the Married Women's Property Act of 1882 and the Law Reform (Husband and Wife) Act of 1962 granted married women the ability to sue independently.

Corporation

As a legal entity, a corporation can bring legal action to protect its interests, especially concerning property rights. However, it cannot sue for personal grievances that do not affect its assets.

Unincorporated Association

Groups without legal standing, like unincorporated associations, lack the capacity to sue due to their lack of legal personality.

Infant

Minors, considered incapable of suing in their own right, can only do so through a legal guardian or friend who has reached the age of majority. If no suitable guardian is available, the court may appoint one to represent the minor's interests.

Insolvent

Individuals declared insolvent by a court cannot pursue legal action for property damage while in insolvency proceedings. However, they retain the right to seek compensation for personal harm.

Conclusion

The ability to bring forth a legal action or be the subject of one is crucial in determining the eligibility of a case for court proceedings. Several factors influence whether an individual can initiate a lawsuit or be a defendant, such as diplomatic ties with the state (alien enemy), considerations of justice (lunatic), and the effectiveness of maintaining law and order (municipality and public corporations). While the legal landscape concerning married women has evolved, removing constraints on spouses suing each other, other limitations persist. These safeguards aim to prevent legally incapacitated individuals from pursuing legal actions and shield those exempt from litigation from being sued by others.