WHO CANNOT BE SUED UNDER LAW OF TORTS?
Introduction:
Thing to Remember:
Every person can be sued in torts but there are some exceptions because of the
position, rank, mental capacity and legal standing of some individuals in the eyes
of law.
Exceptions:
1. The State/Sovereign/King.
2. Public Officials.
3. Ambassadors.
4. Foreign Sovereign.
5. Minor/Infants.
6. Lunatic.
7. Unincorporated Associations.
Elaboration:
The State/Sovereign/King
The King (Sovereign) cannot be sued because the English law says that “Kings can
do no wrong.” The King is the chosen one and considered to be the favorite of the
, masses. It is already assumed that he might not do anything against his people or
the state and will always work for the welfare or betterment of his people.
Exception:
The Crown Proceedings Act’1947 changed this position and abolished the
immunity granted to the King. Under the provisions of the above mentioned act,
the King can be sued for any kind of tort he commits. If he commits any wrong, his
matter must be seen as that of a private citizen.
Purpose:
The main purpose to introduce this act was to maintain peace and harmony in the
state and to ensure that no one is above law, be it the King himself.
Public Officials
Public Officials are the representatives of the state. They cannot be sued for the
torts committed by them because of their official position/capacity. They work for
the well-being of the people and therefore enjoy “privileged immunity” which
prevents them from being sued under law of torts.
Purpose:
They cannot be sued because of societal aims in order to establish peace in the
society.
Exception:
Introduction:
Thing to Remember:
Every person can be sued in torts but there are some exceptions because of the
position, rank, mental capacity and legal standing of some individuals in the eyes
of law.
Exceptions:
1. The State/Sovereign/King.
2. Public Officials.
3. Ambassadors.
4. Foreign Sovereign.
5. Minor/Infants.
6. Lunatic.
7. Unincorporated Associations.
Elaboration:
The State/Sovereign/King
The King (Sovereign) cannot be sued because the English law says that “Kings can
do no wrong.” The King is the chosen one and considered to be the favorite of the
, masses. It is already assumed that he might not do anything against his people or
the state and will always work for the welfare or betterment of his people.
Exception:
The Crown Proceedings Act’1947 changed this position and abolished the
immunity granted to the King. Under the provisions of the above mentioned act,
the King can be sued for any kind of tort he commits. If he commits any wrong, his
matter must be seen as that of a private citizen.
Purpose:
The main purpose to introduce this act was to maintain peace and harmony in the
state and to ensure that no one is above law, be it the King himself.
Public Officials
Public Officials are the representatives of the state. They cannot be sued for the
torts committed by them because of their official position/capacity. They work for
the well-being of the people and therefore enjoy “privileged immunity” which
prevents them from being sued under law of torts.
Purpose:
They cannot be sued because of societal aims in order to establish peace in the
society.
Exception:
