Introduction
Understanding the capacity of different parties involved in tort law is crucial for navigating legal disputes. Here, we explore various entities, including states, minors, lunatics, married women, corporations, trade unions, and foreign ambassadors, and their capacities and liabilities in tort cases.
Parties and Their Capacity in Tort
State and Subordinate of State
When a state or its representatives act in a sovereign capacity, especially concerning another state or its subjects, such actions are termed as “Acts of State.” Municipal courts cannot question these actions.
Essentials of an Act of State:
- The act is performed by a state’s representative.
- It causes harm to another state or its subjects.
- The act is either pre-approved or ratified by the state.
Case Examples:
- Buron v. Denman: A British Navy captain released slaves and burned barracoons without initial authority but was later ratified by the British government. This was held as an act of state, preventing any legal action against him.
- Secretary of State in Council of India v. Kamachee Boye Saheba: The British Government annexed the Rajah of Tanjore’s territory, which was held as an act of state, and no municipal court could provide a remedy.
Minors
Right to Sue: Minors can sue through a next friend. However, an unborn child cannot maintain an action for prenatal injuries.
Liability: Minors can be held liable for torts like assault, false imprisonment, and nuisance. However, they cannot be held liable for torts arising from contractual obligations. A father can be liable for a minor’s torts if the minor acts on behalf of the father or in the course of employment.
Lunatics and Drunkards
Conditions:
- If a lunatic commits a tort while not in a stable state of mind, they cannot be sued.
- If the lunatic is in a stable state of mind, they can be sued for their actions.
Married Women
Right to Sue: Under common law in England, a married woman could not sue without her husband. This changed with the Law Reforms Act of 1935, allowing her to sue in her capacity.
Liability: A married woman can be sued independently for torts. Damages are paid from her separate property, and the husband is not liable for her torts.
Corporations
Right to Sue: Corporations, as legal persons, can sue for tortious acts like libel or property damage.
Liability: Corporations are liable for torts committed by their agents or employees during employment. The rule of vicarious liability applies, but they are not liable for ultra vires acts (acts beyond their authority).
Case Example:
- Poulton v. London Railway Co.: A station master arrested a person for non-payment of freight beyond his authority. The corporation was not held liable as the act was ultra vires.
Trade Unions
Under the Indian Trade Union Act of 1926, registered trade unions can be sued in their registered name. They are exempt from certain torts done in furtherance of a trade dispute.
Foreign Ambassadors
Foreign ambassadors and their households cannot be sued without their consent or the central government’s consent during their term of office.
Conclusion
Understanding the capacities and liabilities of different parties in tort law is essential for anyone involved in legal disputes. States, minors, lunatics, married women, corporations, trade unions, and foreign ambassadors each follow unique rules governing their ability to sue or be sued. Knowing these distinctions helps in navigating the complexities of tort law effectively.
FAQs
Q1: Can a minor be sued for torts?
A1: Yes, minors can be held liable for torts like assault, false imprisonment, and nuisance.
Q2: Are corporations liable for the actions of their employees?
A2: Yes, corporations are liable for torts committed by their employees during the course of employment, following the rule of vicarious liability.
Q3: Can foreign ambassadors be sued in India?
A3: Foreign ambassadors cannot be sued in Indian courts without their consent or the central government’s consent during their term of office.
Also Read: Mistake in Tort | Defence
Reference: ijnrd.org
