DR.

RAM MANOHAR LOHIYA NATIONAL

LAW UNIVERSITY



LAW OF TORTS
SYNOPSIS ON
CAPACITY IN TORT


SUBMITTED TO SUBMITTED BY
Mr. R.K. YADAV Prakhar Singh
(Assistant Professor) ROLL NO. -93
RMLNLU. B.A LLB(hons.)
1
st
sem.



TABLE OF CONTENT
INTRODUCTION
CONVICTS AND PERSONS IN CUSTODY
ACT OF STATE
CORPORATIONS
MARRIED WOMAN OR HUSBAND & WIFE
TRADE UNIONS
LUNATIC
CASES REFERRED
BIBLIOGRAPHY











Introduction
A person must have the requisite legal capacity to be a party to a
lawsuit. Some people are considered non sui juris: they do not possess
full civil and social rights under the law. A child is non sui
juris because the law seeks to protect the child from his or her
improvidence until the child reaches the age of majority. A child who
has not reached the age of majority has a legal disability. Others who
suffer a similar legal disability include mentally ill persons, mentally
retarded persons, and persons who are judged mentally incompetent
because of illness, age, or infirmity. Legal disability does not mean,
however, that persons in these categories are removed from civil
actions. The claims or defenses of a person who is non sui
juris usually can be asserted by a legal representative, such as a
parent, guardian, trustee, or executor.
Convicts and persons in custody:
Under the English law, a convicted person, in spite of his
imprisonment, retains all civil rights which are not taken away
expressly or by necessary implication. A convict can therefore, under
English law sue for wrongs to his person or property like any other
citizen. The Indian law is the same. Convicts are not, by mere reason
of the conviction, denuded of all the fundamental rights which they
otherwise possess.

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 can not be
questioned by municipal courts. According to Wade and Philips,
1

Act of State, means an act of the executive as a matter of policy
performed in the course of its relations with another State, including
its relations with the subjects of that State, unless they are temporarily
within the allegiance of the Crown.
Corporation:
A Corporation is an artificial person distinct from its members. Being
an artificial person, it always acts through its agent and servants and
as such, its liability is always vicarious for the done by other persons.
Married woman or Husband & Wife:
A married woman could not sue for any tort committed by a third
person unless her husband joined with her as plaintiff. She could not
also be sued for a tort committed by her unless her husband was made
a defendant. She could not sue her husband and the husband could not
sue her for any tort committed by one against the other.



.
Trade Unions:
According to English law in the context of trade unions gave
recognition to a theory that there may exist a legal entity without any
corporate existence. Indian law on this point presents no such
anomaly for section 13 of the Trade Union Act, 1926, expressly
provides that every registered Trade Union shall be a body corporate
with all attributes of a legal personality.
Minors:
A minor is liable for his torts in then same manner and to the same
extent as an adult.
Lunatic:
Insanity is defence in the criminal law when at the time of
commission of the crime, the accused by reason of unsoundness of
mind was in capable of knowing the nature of his act or that what he
was doing was either wrong or contrary to law.





Cases Referred:

Raymond v. Honey, (1982) 1 All ER 756, p.759: 1983 AC 1
(HL).
State of Saurastra v. Memon Haji Ismail, AIR 1959 SC 1383.
Poultan v. L. & S.W. Ry., (1867) 2 QB 584.
Phillips v. Barnett, (1976) 1 QBD 436.
Bonsor v. Musicians Union, (1956) AC 104 (HL).
Mohiri Bibee v. Dhurmodas Ghose, (1903) LR 30 IA 114, p.
125.
Ranganagulu v. Mullackal Devaawam, AIR 1974 Ker 25.


Bibliography:

Books:
Ratanlal & Dhirajlal, The Law of Torts.
Bangia R.K., Law of Torts.
Pillai P.S.A., Law of Tort.
Winfield & Jolowicz, Tort.

Websites:
http://legal-dictionary.com
http://legalserviceindia.com/
www.scconline.com
www.deanslawdictionary.com