- 5 Marks
Question
As a general rule, all persons of full age may sue and be sued in tort.
Required:
State FIVE exceptions to this general rule.
Answer
Exceptions to the Rule that All Persons of Full Age May Sue and Be Sued in Tort
- Diplomats and Sovereign Immunity: Foreign diplomats and sovereigns have immunity under international law, making them generally exempt from being sued in tort in domestic courts.
- Judges and Judicial Immunity: Judges acting in their official capacity have immunity from being sued for acts performed in the course of judicial duties.
- Minors: While minors can be sued or sue, there are limitations depending on the jurisdiction and nature of the tort, as they may lack full legal capacity.
- Incorporated Entities and Their Officials: Some officials or agents of incorporated entities may be exempt from personal liability in tort if acting within the scope of their employment, as liability often attaches to the corporation itself.
- Persons with Mental Incapacity: Individuals who are mentally incapacitated may not be held liable in tort, as they may lack the intent or understanding necessary for tortious liability.
- Tags: Legal Capacity, Legal Exceptions, Suing and Being Sued, Tort Law
- Level: Level 1
- Topic: Law of Tort
- Series: NOV 2020
- Uploader: Dotse