Feffines: Tortn

feffines nm am aotuom of Tortn
Who can't be sued in an action of Tort:

1. Head of the $tate
2. Minors
3. Corporation's
4. Trade unions
5. Lunatics
Who can not sue in an action of tott:
1. Convicts
2. Bankrupts
3. Husband and wife
4. Corporation
5. A child in the motherc womb
6. Alien efiemy
l. Head af the state:

as *the klng
In England an action for a personal wrong will not lie against the king
can do no wtong'.
Head of the state

In Bangladesh also no action in tort can be brought against the
under the constitution of the peoples Republic of Bangladesh.
2. Hinors:
manner and to
Minority is no defence in the law of tolts. A minor is liable in the silme
fraud etc'
the samefa extent as an adult in torts e.g. nuisance, ascault, trespass,
intention or
But in those cases where some special mental element (e.g. malice,
knowledge) is essential e.g. deceit, defamation, extreme
youth or in sufftcient
of understanding
maturity is a good defence, However, if there is sufficient maturity
in the minor he will be liable.But contracts entered into by a minor are void and
unenforceable.
Rules where Minors act amounts to tort and a breach of

contract.
Rule (1): One can't convelt a breach of contract into a toft to sue a minor.
Case: Jennings v, Rundall (7795)
Fact: A minor hired a horse. He injured it by overriding. An action for toft was filed.
Held: It was in essence not a tort but a breach of contract so minor is not liable.
2. But if the tort is independent of contract the minor will be liable.

Case: Burnard v. Haggid1853).
Fact: Defendant an undergraduate of trinity college, Cambridge and a minor hired

from the plaintiff a mare for riding on the express stipulation that the horse was not
to be used for jumping. The defendant lent the mare to a friend who tried to jump her
over a fence on which she was staked and died from the wound.
Willes iudge stated:

It is as much a trespass, not withstanding the hiring for another purpose, as if
without any hiring at all the defendant had gone into a field and taken the mare out
and hunted her and killed her.
Held: It was toft independent of contract and the minor is liable.
3. Corporfltions:
A corporation can't be sued unless
(l) the act done was within the scope of the agent and officials employed by it e.g.
master liable for seruant.
1
2, The act done was within the purpose of the incorporation e.g. deciet, defamation
and malicious prosecutions.
So a corporation is liable for torts committed by its agents or officials unless the
plaintiff proves the following:
The plaintiff must prove:

1. The act complained was done by the agent in the course of employment.
2. The act was done for the benefit of the corporation.
3. The act was within the scope of agent's authority.
4. Trade Unions: /)
A trade union cannot be sued untess it/issued in its registered name.
5. toreign Sovereigns and ambassadors:

According to law of torts they can't be sued as they are privileged but in Bangladesh
any person can sue them if they got permission from the government under section
86 of Civil Procedure Code.
6. Lunatics: Un Sound Mind

Ordinarily lunancy is no defence to an action in toft. But a lunatic will not be liable for
those tofts in which some mental condition forms an essential ingredient e.g.
maliceror Ill motive, negligence or means of knowledge of the defendant is not there.
Lunacy is not in itself any gnound of exemption. But it may operate as allvidence
that the requisite mental condition was not present e.g. in negligence where means
of knowledge of the defendant is considered lunacy may be relevant as evidence that
the means of knowledge did not exist.
/
Who cannot sue:
1. Convicls.' ln England can't sue for wrongs against propefi. But in Bangladesh
and India Convicts can sue for torts or wrongs done to person or property.
2. Bunkrapts: Can't sue in respect of tort or wrong to property (conversion) but

only can sue in wrong'io person e.g. defamation. Because according to the Insolvency
Act their propefi is vested in the official assignrft&t. i. .
3. Husband und wife: In England a wife coutd not sue her husband for a toft. Nor
could a husband sue his wife as in the eye of law they were treated as one person.
They could not sue each other or be sued separately. This law has been reformed by
the Law Reform (husband & wife) Act of 1962 by which a husband and wife Gan sue
each other. In Bangladesh an action in toft by husband or wife against each other
and separate action is maintainable.
Case: Walker v. Great Northern Railway (782O)
Fact: A pregnant woman was injured in a railway accident, as a result to which the
child was born deformed.
J".-
4 Held: As there was no duty of care to an unborn person the child could not maintain
an action for damages. The defendant is not liable.
6. Alien enemy: is a person residing in Bangladesh. But is a citizen of a foreign

state with whom Bangladesh govt. has no diplomatic relations and that state do not
recognise us. In England an alien enemy can't sue. But in Bangladesh under section
83 of C.P.C. can sue and appeal with special permission from the govt. of Bangladesh.
Section 83 of C.P,C. : When aliens may sue?

1. Alien enemies residing in Bangladesh with the permission of the Govt. and alien
friends, may sue in the courts in Bangladesh, as if they were citizens of Bangladesh.
2. No atien enemy residing in Bangladesh without such permission or residing in a

foreign country, shall sue in any of such courts.
Explanation:
Every person residing in a foreign country the Govt. of which is at war with
Bangladesh and carrying on business in that countty without a license in the behalf
under the hand of a secretary to the Govt. shall, for the purpose of sec (2), be
deemed to be an alien residing in a foreign country.
4. Corporation:
Corporations are aftificial person, ft an't sue for wrong of person but a corporation
can sue for wrongs affecting ptoperty or business,
5. A child in the mothers womb: An infant can sue by his guardian for
any tort done to him but not when he was in the mothers womb.
Case: Walker n Great Northern Railway (782O)

Feffines: Tortn

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feffines nm am aotuom of Tortn

Who can't be sued in an action of Tort:

l. Head af the state:

Head of the state

Rules where Minors act amounts to tort and a breach of

Case: Jennings v, Rundall (7795)

2. But if the tort is independent of contract the minor will be liable.

Fact: Defendant an undergraduate of trinity college, Cambridge and a minor hired

Willes iudge stated:

Held: It was toft independent of contract and the minor is liable.

The plaintiff must prove:

5. toreign Sovereigns and ambassadors:

6. Lunatics: Un Sound Mind

Who cannot sue:

2. Bunkrapts: Can't sue in respect of tort or wrong to property (conversion) but

6. Alien enemy: is a person residing in Bangladesh. But is a citizen of a foreign

Section 83 of C.P,C. : When aliens may sue?

2. No atien enemy residing in Bangladesh without such permission or residing in a

Case: Walker n Great Northern Railway (782O)

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