LAW5505 Law of Torts and Consumer Protection — Unit 2: Parties and Justifications in Tort

Unit 2: Parties and Justifications in Tort

2.1 Legal Capacity to Sue and Be Sued in Tort Actions

To sue:

1. The natural persons (the wrong’s victim — the personal injury, property, reputation claims).
2. Minors-and-the-incapacitated (through guardians — the litigation guardian’s machinery).
3. Juristic persons (the companies, the organisations — the reputation-and-property wrongs; the trade libel faces).
4. The state-and-public bodies (the Crown’s-old-immunity lore vs the modern liability; Nepal: the Government’s suable position — the Government’s suit-and-liability machinery of the procedural law).

5. The class (the representative actions — the PIL’s private cousin).
   To be sued:

6. The natural persons; the minors’ liability (the tort capacity’s special rules — the age-and-understanding faces).

7. The employers (the vicarious liability of U3.2 — the master answers for the servant).
8. The corporations-and-associations (the entity’s liability; the unincorporated groups’ problems).
9. The state (the public authorities’ liability — the immunity’s modern erosion).

2.2 Limitations and Exceptions on the Right to Sue or Be Sued

1. The limitation periods — the claims’ deadlines (the Limitation Act’s faces; the accrual’s discovery rules — the hidden-wrong cases).
2. The vested-interests exceptions — the family members’ immunity lore (the spousal faces), the employer-and-employee’s scheme boundaries (the workers’ compensation’s exclusivity debates).
3. The capacity bars — the alien’s-and-enemy’s historical lore; the convict’s historical bars.
4. The procedural preconditions — the notice requirements (the public bodies’ pre-suit notice), the statutory tribunals’ substitution (the exclusive remedies — the Consumer Court’s route of U6.10).
5. The diplomatic-and-international immunities (the International Institutions course’s faces).
6. The election-of-remedies discipline (the inconsistent-claims bar).

2.3 Theoretical Justifications for Tort Liability and Defenses

The justifications’ theories (why liability at all):

1. Corrective justice

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