Who Cannot Be Sued in Torts

Who cannot be sued in Torts:
All citizens are equal in the eyes of law. Every rational person can sue or
can be sued by anybody. Anybody can be defendant if he/she has
infringed the legal right of plaintiff and have been sued by plaintiff.
But there are few exemptions. There are few authorities, institutes or
persons that have immunity and cannot be sued. There are nine classes
of persons who cannot be sued and who cannot become a defendant.
They are given below.
 The King
 Foreign sovereigns
 Ambassadors
 Public Officials
 Infants
 Lunatics
 Corporations
 Trade unions
 Married women
1. The King/ Queen/ Government:

The King/ Crown/ head of the state cannot be sued. It is based on the
principle of English Constitution; “King can do no wrong”. A personal
action will not against the king or sovereign. If servants or agents of
Crown do any tortious act or do something as a part of duty or job, then
Crown cannot be sued. But this immunity has been taken away by the
Crown Proceedings act, 1947 because certain medications were done.
Crown Proceeding Act:
This act was passed by UK constitution. According to this act the power
Crown was checked and limited. It contains two main changes.
 Crown shall be subjected to all those tortious liabilities to which, if

it were a person of full age and capacity, it would be subjected
and answerable. In proceedings against the Crown, law of
contributory negligence is applied according to section 4.
 Crown shall be liable to those cases that contain breach of
statutory duty and has done something against public interest.
Government shall be made answerable for loss of people due to
improper duty
2. Foreign Sovereigns:
Foreign sovereigns cannot be sued unless they themselves submit to
the jurisdiction of local government. By residing in a Foreign country,
one does not waive his right to jurisdiction from the local government.
So they have got immunity to tortuous acts in other countries.
According to the article 117 of Constitution of Pakistan, the President,

Governor and Ministers shall not be answerable to any court:
 For the exercise and performance of the powers and duties of

their office,
 For any act done by them in the exercise of those powers and
duties
Besides, if they do anything against the law, they will be sued.

According to Section 7 of Civil Procedure Code (CPC), foreign sovereigns
can be sued in Pakistani Courts only by the previous consent of the
Central Government.
3. Ambassadors:
Foreign ambassadors cannot be sued for torts committed by them. This
impunity is also available to the family members and servants. He/she
enjoys this diplomatic immunity until the assumption of office. This
immunity is available to them unless they waive their privileges and
submit themselves to jurisdiction of court of that country.
It should be noted that foreign sovereigns can be sued in court by the

permission of Central Government.
Vienna Convention and Ambassadors:
International law contains law of diplomatic immunity. This law was

developed by Early Romans. The Diplomatic envoys were given special
protection and they were recognized by most of the civilizations.
Security of foreign envoys is also a part of religion and Natural law.
The Vienna Convention on Diplomatic Relations (1961) restricted the
privileges granted to diplomats, their families, and staff. Avoiding
controversial issues such as diplomatic asylum and focusing on
permanent envoys rather than on ad hoc representatives or other
internationally protected persons, the convention accorded immunity
from criminal prosecution and from some civil jurisdiction to diplomats
and their families and lesser levels of protection to staff members, who
generally were given immunity only for acts committed in the course of
their official duties.
4. Public Officials:
No action lies against the Public official in official capacity with respect
to torts committed by them. This immunity is given to them because
they are servants of Crown and Crown have some impunity. But they
can be sued for tortuous acts committed by them in their private
affairs. Command and authority of Crown do not provide defence to its
servants for their private actions.
Action of their servants:
Public officials are not answerable for actions of his/her servants as
both are the servants of Government. But if servant did any wrong on
the direction of superior official, then that official shall be liable.
5. Infants:
Minors and infants can be sued for their tortuous actions.This branch of
law of torts is very important. Following rules may be considered:
 Infants below age of 7 are completely exempted from liabilities

 Infants above 18 are held completely liable
 Infants from age 7 to 17 are held but it differs from age to age. (7-
10, 10-14, 14-17).
It is further explained by following discussion.
No defence:
There is a rule that no defence for child for tortuous acts. Thus a minor
can be sued for assault, trespass, seduction,false imprisonment, libel, slander,
fraud etc. “A minor is in general liable for his torts in the same manner and to
the same extent as an adult”.
Exemption:
But where intention, knowledge or some other condition of mind are essential
ingredients of liability. Then Extreme youth become a good defence. Then in
that cases minor/ infant can be exempted due to their mental incapacity.
 Rule 1: Contract cannot be converted into tort. A child hired a

horse and the horse died while he was riding it. So child got
protection that contract cannot be convert into tort to enable
to sue the child.
 Rule 2: Torts cannot be converted into contract.
Liability of Parents for child’s tort:
Parents are not held liable for child’s tort expect where he grossly
negligent or intentionally encourages his child to do harm.
6. Lunatics:
Lunancy is not a defence in an action in torts except in case where
intention, knowledge, malice or any other mental condition is essential
to create tortuous liability.
If a lunatic person is in stable condition and sane enough and does

something wrong, he will be held liable.
 Drunkenness:
If was a person was drunked without his will forcefully, he is held not
liable otherwise not. Same is the case with epileptic patients.
7. Corporations:
A corporation cannot be sued unless;
 The act done was within the scope of agent employed by it,
 The act done was within the purpose of the incorporation.
A corporation can be sued for the acts done by their agents during the
course of employment and that act was done in the line of duty.
8. Trade Unions:
Trade unions had impunity in earlier years. But there activities are
being checked. Trade Disputes Act of 1906 was passed in England that
provides immunity to the trade unions and their members. But this act
was modified in 1927. According to which trade unions are held liable
for their activities.
Pakistan Trade Unions Act:
Trade union act of Pakistan is similar to that of 1926 in England. A

Conciliation Board was established for the settlement of trade disputes
in an amendment in 1929. Thus, Trade Union Acts, 1926, a trade union
may be sued in its registered name. A registered trade union and its
officers and members are exempted from liability for certain torts only.
9. Married Women:
In old English Law, after marriage husband and wife are treated as
single person and therefore married women’s property was vested in
the husband’s name. So, married woman could not be sued alone
unless her husband was joined with her as defendant.
Married Women’s Property Act: It was passed in 1882. A married

woman can be sued independently without joining her husband in the
suit.
Pakistan:
A married women may sue and be sued alone in Pakistan according to
Married Women’s Property Act, 1874. A husband is not liable for the
torts of his wife.

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Who cannot be sued in Torts:

1. The King/ Queen/ Government:

 Crown shall be subjected to all those tortious liabilities to which, if

According to the article 117 of Constitution of Pakistan, the President,

 For the exercise and performance of the powers and duties of

Besides, if they do anything against the law, they will be sued.

It should be noted that foreign sovereigns can be sued in court by the

Vienna Convention and Ambassadors:

International law contains law of diplomatic immunity. This law was

 Infants below age of 7 are completely exempted from liabilities

It is further explained by following discussion.

 Rule 1: Contract cannot be converted into tort. A child hired a

Liability of Parents for child’s tort:

If a lunatic person is in stable condition and sane enough and does

Pakistan Trade Unions Act:

Trade union act of Pakistan is similar to that of 1926 in England. A

Married Women’s Property Act: It was passed in 1882. A married

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