Anaya Nolan
Tort law is a civil law that covers most civil suits, except contractual disputes. It deals with civil wrongs, other than breach of contract, that cause claimants to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. The purpose of tort law is to compensate individuals who have suffered harm as a result of the actions of others. In general, any person can sue in the case of a tort, including minors with the consent of their guardian or the court. However, there are some exceptions to this rule, such as alien enemies, convicts, and corporations, who may have restricted rights to sue depending on the jurisdiction and the nature of the tort.
| Characteristics | Values |
|---|---|
| General Rule | Every person is entitled to sue and be sued |
| Minor | Can sue with the consent of their guardian or the court |
| Citizen of a foreign state | Can sue a resident of the country with the application to the Home Ministry through the Law Ministry |
| Alien enemy | Can sue if residing in the country with the permission of the government |
| Foreign state | Can sue if recognized by the government |
| Convict | Can sue for torts to their property and body |
| Corporation | Can sue for torts affecting its property and reputation |
| Felon | Cannot sue |
| Bankrupt | Cannot sue for civil wrongs |
| Public servants | Can be sued with the consent of the government |
| Unregistered corporation | Cannot be sued |
| Married woman | Can sue in tort as a feme sole under the Law Reform (Married Women and Tortfeasors) Act, 1935 |
| Wife | Can sue her husband's employer if the husband has committed a tort during the course of employment |
| Government officials | May be immune to certain lawsuits under sovereign immunity |
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What You'll Learn
Minors
A tort is a civil wrong that causes harm or loss to a claimant, resulting in legal liability for the person who commits the act. While tort law generally applies to adults, minors can also be held liable for their tortious acts.
In the context of tort law, a minor is typically defined as a person under the age of majority, which varies across different jurisdictions. For example, in India, a person is considered a minor until they reach the age of 18, while in other common law countries, the age of majority may be higher or lower depending on specific circumstances.
In some cases, parents or guardians of minors may also be held vicariously liable for the tortious acts of their children. This means that if a minor engages in willful misconduct that results in injury or damage, the parents or guardians may be jointly liable for any civil damages up to a specified limit. However, the specific laws regarding parental liability vary across different states and jurisdictions.
While minors can be sued for torts, they also have the right to sue for torts committed against them. Minors can bring legal action through their "next friend" or "litigation friend," who is usually a parent or legal guardian. It is important to note that the laws regarding the liability and rights of minors in tort law are subject to change and vary across different jurisdictions.
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Corporations
For example, in the case of Manchester v. Williams, it was held that a corporation has a right to sue, not only for property damage but also for harm to its reputation. On the other hand, an unregistered corporation cannot file a lawsuit. Additionally, corporations will generally not be liable for punitive damages based on an employee's tort unless the corporation authorized the tort.
Shareholders can sue a corporation's officers or directors on behalf of the corporation in what is known as a "shareholder derivative action." This is because the directors, who typically decide whether the corporation files a lawsuit, are unlikely to sue themselves.
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Convicts
In tort law, the general principle is that every person is entitled to sue and is also liable to be sued. However, there are exceptions to this rule, including convicts.
A convict is a person who has been found guilty by a court of law and has not fled. In the past, convicts were unable to sue for injuries to their property or person. For example, in English law, a convict whose sentence was unexpired did not have the right to sue for damages to their property or for recovery. Similarly, in India until 1921, certain offences entitled the forfeiture of property of the offender, meaning that a convict could not sue for injuries regarding their property.
However, this has changed over time, and now, in India, a convict may bring a tort claim for injuries to their person or property. This change occurred in 1921, when, except for certain offences (Sec. 126, 127, 169), a convict gained the right to sue for wrongs to their person or property. This right was further strengthened by the Criminal Justice Act of 1948, which allowed convicted persons to sue for injury to their property.
While convicts do have the right to sue, there are some limitations. For example, a prisoner cannot sue for false imprisonment for breach of prison rules. However, if they are segregated in breach of these rules, they can challenge the segregation by writ petition, and if the conditions in which they are living are inhumane and they suffer health problems, they may have a private law remedy of suing in negligence. Additionally, the conviction of a person does not strip them of all their fundamental rights. For example, in the case of Sunil Batra vs. Delhi Administration, the court determined that a person's conviction does not place an iron barrier between them and their rights, and in the case of Smt. Kewal Pati v. State of UP, the Supreme Court granted Rs. 1,000,000 as compensation against the State for violating a prisoner's basic right to life.
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Sovereign nations
The principle of sovereign immunity, also known as state or crown immunity, is a legal doctrine that grants sovereign entities—such as federal or state governments—immunity from being sued in civil or criminal court without their consent. This concept is rooted in the belief that "the king can do no wrong" and has been inherited from English common law by various legal systems, including those of the United States and India.
In the United States, sovereign immunity typically applies to federal and state governments but not to municipalities. This immunity can be waived in certain situations, as seen with the Federal Tort Claims Act, which allows for tort claims against the federal government in specific circumstances, such as personal injury lawsuits. The Tucker Act is another example of a waiver of sovereign immunity, covering claims arising out of contracts. The Foreign Sovereign Immunities Act (FSIA) establishes the conditions under which a foreign sovereign nation may be sued in U.S. courts and outlines specific procedures for service of process and attachment of property.
In India, the right to sue for torts has evolved over time. Before 1921, a convict could not sue for injuries related to forfeiture of property. However, after changes to the law, convicts gained the right to sue for injuries to both property and their person. Additionally, according to Indian law, a citizen of an enemy country cannot sue an Indian citizen without obtaining permission from the central government under Section 83 of the Civil Procedure Code.
The ability to sue sovereign nations or entities varies across different legal systems. For example, in Bangladesh, a citizen of a foreign state must file an application to the Home Ministry through the Law Ministry (Section 83 of CPC) to sue another foreign citizen or a Bangladeshi citizen. The concept of sovereign immunity is not limited to nation-states, as seen in the case of Native American tribes in the United States, which are recognised as "domestic dependent nations" and generally enjoy immunity from suit unless they consent or the federal government abrogates that immunity.
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Medical malpractice
In a medical malpractice case, the plaintiff must prove "cause in fact" and "proximate cause". "Cause in fact" means that the injury would not have occurred without the doctor's negligence, while "proximate cause" means that the injury was a foreseeable consequence of the negligent act. For instance, in Bramlette v. Charter Medical-Columbia, a patient's widow sued a psychiatrist for medical malpractice after her husband committed suicide during a period of freedom of movement from the hospital. The widow successfully established that the psychiatrist's actions were both the cause-in-fact and proximate cause of her husband's death.
There are three types of damage awards available in medical malpractice cases: compensatory damages, non-economic damages, and punitive damages. Compensatory damages cover economic losses such as medical costs, out-of-pocket expenses, and lost wages. Non-economic damages are for "pain and suffering" and can be challenging to calculate due to their uncertain nature. Punitive damages aim to punish the offending doctor and deter similar mistakes by other physicians.
Regarding who can sue for medical malpractice, minors can bring a lawsuit with the consent of their guardian or the court. Convicts can also file suits for torts affecting their property or bodies, though this was not always the case. For example, in English law before 1948, a convict serving a sentence did not have the right to sue for damages to their property or recovery. Additionally, corporations can sue for torts affecting their property or business reputation but not for personal injury, as they cannot be personally injured.
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Frequently asked questions
In general, any person can sue in the case of a tort, including minors with the consent of their guardian or the court. However, there are some exceptions. For example, a felon or convict cannot file a suit, and a bankrupt cannot sue for civil wrongs. Additionally, citizens of foreign states may have to file an application to the relevant ministry to sue.
Yes, a corporation can sue for torts affecting its property or business, such as libel or defamation. However, an unregistered corporation cannot file a suit.
Yes, a convict can file a suit for torts. However, in some jurisdictions, such as English law, a person whose sentence is unexpired may not have the right to sue for damages to their property or recovery.
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