Every person can sue and be sued in tort
- Discuss the following statement, every person can sue and be sued in tort.
- Examine the validity of the assertion that every individual possesses the right to both sue and be sued in tort, and elaborate on the implications of this legal principle.
- Analyze the concept of universal recourse in tort law, wherein any person can initiate legal action or be subjected to legal claims. Share your insights on the advantages and disadvantages of such a system.
- To what extent does the principle 'every person can sue and be sued in tort' hold true in modern legal systems? Delve into the underlying principles and societal ramifications of this legal right, providing examples to illustrate your analysis.
Introduction
Every person living in civilized society has been given certain rights as a general rule all persons can sue and be sued in tort. Some certain persons or bodies cannot sue as well as some certain persons or bodies cannot be sued under the law of torts. The law of torts describes limitations for suing or to be sued by a person before the court
Definition of sue
When someone takes legal action through court against someone for doing something wrong or illegal to get money, it is called suing.
General rule
As a general rule, a person who suffers tort can sue. Similarly, a person who commits a tort will be sued in the law of tort.
Basis of general rule
The general rule that a person has the capacity to sue and be sued in tort is based on the principle of equality of law.
Persons who cannot sue
Following are the persons and bodies who cannot sue through court against someone’s tort
Alien enemy
An alien enemy is an individual who has been captured during the time of war.
An alien enemy cannot sue in British courts unless he gets a license from the queen to sue.
In Pakistan, an alien enemy can sue with the permission of the central government of Pakistan under the civil procedure code.
Example
But an Indian citizen cannot sue in Pakistan for enforcement of his fundamental rights
Infants
Minor cannot sue for injuries suffered by him when he was in the womb of his mother for example, if a woman was injured in a railway accident and the child when born, is disabled, in this case child cannot sue in English law
Convict
In the law of tort, the person who has been convicted by the court of law and punishment has been given to him against any crime, cannot sue for injuries suffered by him
Husband and wife
Before the amendment in this article, a married woman was unable to sue for any tort committed by a third person without making her husband a party. But after changing this rule, women can sue any person even husband and wife can sue each other
Position in Pakistan
In Pakistan husband and wife can file suit against one another because both husband and wife are considered separate personalities
Bankrupt
A bankrupt person whose property has been ceased by the bank or by the agent, he cannot sue against the bank or agent for the caption of his property,
But in case of personal wrong such as defamation, he can sue against violation of his fundamental rights
Foreign state
A foreign state cannot sue in any court unless the state has been recognized by its superior authority. In Pakistan, according to the civil procedure code, a foreign state can sue in any court with the permission of the central government of Pakistan
Unincorporated association
An unincorporated association cannot sue on its behalf. These are those companies which have not been registered under the ordinance 1984 or not registered under the Partnership Act 1932 are not eligible to sue.
Who cannot be sued?
Following are the persons and bodies who cannot be sued through court against any tort
Foreign sovereign
Foreign sovereigns cannot be sued. Because it is an international law that the king cannot do wrong. According to this international law, all kings have privilege from legal proceedings against them
Ambassadors
According to international law, ambassadors cannot be sued in a country where they are posted. Due to this internally recognized law, all ambassadors have the privilege that they will not be sued for torts committed by them
Public officials
Public officials as well as their representatives cannot be sued for the torts committed by them. Public official always do their job under the government of the state and all acts which are being performed by them are on behalf of his government
Infants and lunatics
Infants and lunatics cannot be sued for the torts committed by them. Because both of these come under the category of minor and in the law of torts, minors are free from being sued
Corporation
The companies registered under the Companies Ordinance 1984 cannot be sued for tort in the course of their business. Because these are registered and legal companies in the eye of the law
Trade union
Trade unions registered under the Industrial Relation Ordinance 2008 cannot be sued for torts committed by them in the course of an industrial dispute
Crown
King or his servant cannot be sued for torts committed by them. Because both of them have the privilege from to be sued in the law of tort
Position in Pakistan
Under the constitution of Pakistan 1973, the president, Prime Minister, and Governors. Chief Ministers cannot be sued for torts committed by them while they are in service
Conclusion
If someone takes legal action through court against someone for doing something wrong or illegal to get money is called suing. Because it is a general rule that all persons can sue and are liable to be sued. But there are certain conditions or limitations due to them: some persons who cannot sue and cannot be sued for torts committed by them Alien enemy, infants, foreign state, bankrupt, convicted by court, unregistered companies and husband and wife cannot sue. Foreign sovereigns, ambassadors, infant and lunatics, corporations, trade unions, crown, and public officials cannot be sued for torts