INTERNATIONAL JOURNAL OF NOVEL RESEARCH AND DEVELOPMENT International Peer Reviewed & Refereed Journals, Open Access Journal ISSN Approved Journal No: 2456-4184 | Impact factor: 8.76 | ESTD Year: 2016
Scholarly open access journals, Peer-reviewed, and Refereed Journals, Impact factor 8.76 (Calculate by google scholar and Semantic Scholar | AI-Powered Research Tool) , Multidisciplinary, Monthly, Indexing in all major database & Metadata, Citation Generator, Digital Object Identifier(DOI)
A person's capacity is described as their ability to bring a legal action against another person or have one brought against them for breaking the law. These guidelines might or might not be codified. In the framework of torts, any person or party may bring a lawsuit or be brought to court, depending on the circumstances. That being said, there are still valid limitations that go along with any freedom, just as there are constraints on who can file a lawsuit and who can be sued. In terms of a party's inability to file a lawsuit or be sued, Indian law is influenced by English tort law.
There are some categories of people who are not eligible to sue anyone for damages, and there are others who are not suable at all. These include non-native enemies, children, sovereigns, foreign diplomats, and government representatives. However, anybody who suffers an injury has the right to make a claim against the person who caused him harm. There are some groups of people who are not permitted to sue another person for their loss. There are some restrictions on how often and where these groups of persons can sue or be sued, though. These restrictions are only effective if the parties involved have not consented to the court's jurisdiction, which requires central government approval.
This study's goal is to explore the components that make up the category of personal competence and to provide our findings. Personal capacity is safeguarded by tort law's numerous legal frameworks. Over the course of this study, the type, scope, precedent, and literary works that fall under the heading of personal capacity will be examined and discussed. It will also clarify a number of the author's research queries and provide answers as well as strong evidence to back up the assertions.
The subject of discussion in this research paper is a person's capacity to file or participate in a tort lawsuit. In most cases, there are no limitations on who can file a lawsuit or be prosecuted in court for a tort. There are a few notable exceptions to this general rule, though.
Keywords:
Lawsuit, restrictions, limitations, sue, sued, personal capacity.
Cite Article:
"Critical Analysis Of Personal Capacity in Law Of Tort", International Journal of Novel Research and Development (www.ijnrd.org), ISSN:2456-4184, Vol.8, Issue 4, page no.a375-a386, April-2023, Available :http://www.ijnrd.org/papers/IJNRD2304045.pdf
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ISSN:
2456-4184 | IMPACT FACTOR: 8.76 Calculated By Google Scholar| ESTD YEAR: 2016
An International Scholarly Open Access Journal, Peer-Reviewed, Refereed Journal Impact Factor 8.76 Calculate by Google Scholar and Semantic Scholar | AI-Powered Research Tool, Multidisciplinary, Monthly, Multilanguage Journal Indexing in All Major Database & Metadata, Citation Generator
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