Capacity To Sue.

Generally, every person can sue, liability to be sued in tort. There are some fluctuations to this rule in the case of certain persons and their position. Such position are as follows:

(1) Act Of State: An act done in exercise of sovereign power in relation to another State or subjects of another State is an act of State and cannot be questioned by municipal courts.
In Buron v. Denman an action was brought against Captain Denman, a captain in the British Navy, for releasing slaves and burning the slave barracoons owned by the plaintiff on the West Coast of Africa (outside British Dominion). The defendant had no authority to do so but his act was ratified by the British government. It was held to be an act of State for which no action could lie. The plaintiff, therefore, could not recover anything.

(2) Corporations: A corporation is an artificial person distinct from its members. Being an artificial person, it always acts through its agents and servants and as such, its liability is always vicarious for the acts done by other persons.  In simple words who does an act by another is deemed to have done it themselves. And so is the liability. If anything goes wrong, the corporation is held liable.

(3) Minor: A minor has a right to sue like an adult with the only procedural difference that he can, not himself sue but has to bring an action through his next friend.

(4) Independent and Joint Tortfeasors: When two or more persons commit some tort against the same plaintiff, they may be either independent or joint tortfeasors.
When the acts of two or more persons, acting independently, concur to produce single damage, they are known as independent tortfeasors. The liability in such a case is several.
Two or more persons are said to be joint tortfeasors when the wrongful act, which has resulted in single damage, was done by them, not independently of one another, but in furtherance of a common design. The liability in such a case is joint and several.

(5) Husband and Wife: At common law, there could be no action between husband and wife for tort. Neither the wife could sue her husband nor the husband could sue his wife if the other spouse committed a tort.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

Do follow me on FacebookTwitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

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