instructions in the attached file.

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instructions in the attached file.

instructions in the attached file.
Read then List three ideas noted in the below text that seem illogical or unreasonable. Explain.  Who are competent to be plaintiff/defendant (party) • every person is confident to be party to suit • plaintiffs and defendant or parties to suit • Plaintiff is a person whose legal right has been infringed and who files a suit in the court of law to get legal remedies. • defendant is a person who infringed plaintiff’s legal right and who has been sued by the plaintiff. Who can be plaintiff • Every person who has a right to • Any person who’s legal right is infringed • every person who is having joint Right • But there are some person who cannot sue • Such person are having legal disability due to which they cannot sue Who can not sue 1. convict, • Initially a person a convict whose sentence is in enforce could not sue for injury to his property • by criminal justice act 1948 this difficulty is removed and a convicted person could sue for injury to his property •In India until 1921, certain offenses entitled forfeiture of property of the offender later except for certain offenses (sec. 126,127,169) A convict can sue for wrong to his person or property. 2.Alien enemy An alien enemy is person or enemy nationality or a person from enemy territory of any nationality. • An alien enemy can suit in his own right • In India an alien enemy can sue only after obtaining permission from the central government under sec.83 of the civil procedure code • The moment, enmity comes to an end, disability also ends. 3.married woman •Initially under English lol husband and wife both constitute did singled integrated legal personality therefore wife could not so therefore a wife cannot sue her husband for a wrong committed by him even She cannot sue or be sued unless her husband joined his party to suit. •Later by the married woman’s property act 1882 and the law of reform husband and wife act 1862 situation is changed. Now a married wife can sue her husband. She can swipe person without joining her husband as party •In India husband and wife is having different legal identity therefore she can sue her husband and other person independently. similarly she can be sued by a person 4. corporation •A corporation is legal/jury show therefore a can sue another person. • It may bring action for those civil wrongs which affect it’s property and not for those wrongs which does not affect its property 5. Unincorporated association •An unincorporated association has no legal personality and as such it cannot sue 6. Child/infant Minority is a legal disability do when a child cannot sue •A child cannot sue for the injuries while he was in mothers womb because the injury was not to him but his mother • Child can’t sue a person through his guardian or next friend. In case there is no such person; court can appoint legal guardian 7. Insolvent •Insolvent is a person who cannot or cannot satisfy his liabilities •A person must be declared as an insolvent by a competent court of law •During insolvency proceeding a receiver is appointed by the court therefore insolvent person cannot sue for wrong to his property but he can sue for wrong to his person Who can be sued? • Who can be defendant? • defended is a person who infringed plaintiff’s legal right or who is a wrongdoer. All person who has committed the wrongful act jointly and every wrongdoer can be defendant. Every person is confident to be sued Who cannot be sued Sovereign or king • It based on the principle of English constitution king can do no wrong a personal action will not lie against the Sovereign or a king • This position has been chained by the crown preceding act 1947. Under the provisions of this act, crown shall be subject to all those liabilities in tort to which, if it were a person a full age or a capacity, it would be subject • According to the provisions of the constitution of India the government of India and a state of government cancel and be sued • The president of India and governor of states or not answerable to the court •P&O steam navigation CO. V. The Secretary of State of India (first case 1869), Vidyawati v State of Rajsthan (suit against State) Foreign sovereign •Courts have no jurisdiction over an independent foreign Sovereign unless he submits for the jurisdiction of the court •Sec.86 Of the civil procedure code provides that, no ruler of a foreign state may be sued in any court otherwise competent to try the suit except when the consent of central government. Ambassador • Ambassador cannot be sued for torts committed by them this immunity is also available to family members and servants • this immunity is available to them till they occupy such position. Public official • Public official cannot be sued for their towards committed in the representative capacity. Because the act was committed during official capacity representing the state • If an egg is done by the government servant in the exercise of the powers; then he personally is not responsible but sue may be filed against the government. Infant and unsound-mind person • Infants or persons of unsound mind or not a bar of an action in the towards • where mental conditions like intention, knowledge, malice forms essential condition; minor or unsound-mind is a good defense. Lunatic •Lunacy is not a defense in an action for a tort except in case where intention, knowledge, malice or any other mental condition is essential to create tortious liability. Corporation • A corporation can be sued for the tort committed by its servant or agents at one time corporation was not held liable for the wrongs involving malice, fraud but it can be held liable for such wrongs. Married woman • An old English law after marriage, husband and wife or treated as single person and therefore married woman’s property was vested in the husband. A married woman cannot be sued and let her husband is joined as party to Suit • This difficulty is removed by the Married Woman’s Property Act and a married woman can be sued independently without joining her husband in the suit • In India married woman can be sued without joining her husband as party to suit

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