\n instructions in the attached file.\n <\/p>\n<\/div>\n
instructions in the attached file.
\nRead then List three ideas noted in the below text that seem illogical or unreasonable. Explain.\u00a0 Who are competent to be plaintiff\/defendant (party) \u2022 every person is confident to be party to suit \u2022 plaintiffs and defendant or parties to suit \u2022 Plaintiff is a person whose legal right has been infringed and who files a suit in the court of law to get legal remedies. \u2022 defendant is a person who infringed plaintiff\u2019s legal right and who has been sued by the plaintiff. Who can be plaintiff \u2022 Every person who has a right to \u2022 Any person who\u2019s legal right is infringed \u2022 every person who is having joint Right \u2022 But there are some person who cannot sue \u2022 Such person are having legal disability due to which they cannot sue Who can not sue 1. convict, \u2022 Initially a person a convict whose sentence is in enforce could not sue for injury to his property \u2022 by criminal justice act 1948 this difficulty is removed and a convicted person could sue for injury to his property \u2022In 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. \u2022 An alien enemy can suit in his own right \u2022 In India an alien enemy can sue only after obtaining permission from the central government under sec.83 of the civil procedure code \u2022 The moment, enmity comes to an end, disability also ends. 3.married woman \u2022Initially 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. \u2022Later by the married woman\u2019s 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 \u2022In 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 \u2022A corporation is legal\/jury show therefore a can sue another person. \u2022 It may bring action for those civil wrongs which affect it\u2019s property and not for those wrongs which does not affect its property 5. Unincorporated association \u2022An 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 \u2022A child cannot sue for the injuries while he was in mothers womb because the injury was not to him but his mother \u2022 Child can\u2019t sue a person through his guardian or next friend. In case there is no such person; court can appoint legal guardian 7. Insolvent \u2022Insolvent is a person who cannot or cannot satisfy his liabilities \u2022A person must be declared as an insolvent by a competent court of law \u2022During 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? \u2022 Who can be defendant? \u2022 defended is a person who infringed plaintiff\u2019s 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 \u2022 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 \u2022 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 \u2022 According to the provisions of the constitution of India the government of India and a state of government cancel and be sued \u2022 The president of India and governor of states or not answerable to the court \u2022P&O steam navigation CO. V. The Secretary of State of India (first case 1869), Vidyawati v State of Rajsthan (suit against State) Foreign sovereign \u2022Courts have no jurisdiction over an independent foreign Sovereign unless he submits for the jurisdiction of the court \u2022Sec.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 \u2022 Ambassador cannot be sued for torts committed by them this immunity is also available to family members and servants \u2022 this immunity is available to them till they occupy such position. Public official \u2022 Public official cannot be sued for their towards committed in the representative capacity. Because the act was committed during official capacity representing the state \u2022 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 \u2022 Infants or persons of unsound mind or not a bar of an action in the towards \u2022 where mental conditions like intention, knowledge, malice forms essential condition; minor or unsound-mind is a good defense. Lunatic \u2022Lunacy 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 \u2022 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 \u2022 An old English law after marriage, husband and wife or treated as single person and therefore married woman\u2019s property was vested in the husband. A married woman cannot be sued and let her husband is joined as party to Suit \u2022 This difficulty is removed by the Married Woman\u2019s Property Act and a married woman can be sued independently without joining her husband in the suit \u2022 In India married woman can be sued without joining her husband as party to suit<\/p>\n","protected":false},"excerpt":{"rendered":"
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.\u00a0 Who are competent to be plaintiff\/defendant (party) \u2022 every person is confident to be party to suit \u2022 plaintiffs and defendant or parties to suit \u2022 Plaintiff is a […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":"","_joinchat":[]},"categories":[1],"tags":[],"_links":{"self":[{"href":"https:\/\/qualityassignments.net\/wp-json\/wp\/v2\/posts\/287325"}],"collection":[{"href":"https:\/\/qualityassignments.net\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/qualityassignments.net\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/qualityassignments.net\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/qualityassignments.net\/wp-json\/wp\/v2\/comments?post=287325"}],"version-history":[{"count":0,"href":"https:\/\/qualityassignments.net\/wp-json\/wp\/v2\/posts\/287325\/revisions"}],"wp:attachment":[{"href":"https:\/\/qualityassignments.net\/wp-json\/wp\/v2\/media?parent=287325"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/qualityassignments.net\/wp-json\/wp\/v2\/categories?post=287325"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/qualityassignments.net\/wp-json\/wp\/v2\/tags?post=287325"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}