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#1
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| The general rule in law is that every person has the right to sue and are also liable to be sued. There is no limit of personal capacity to sue for damages in the event of personal injuries. There are, however, certain exceptions to this rule. There are some persons who are incapable to sue and there are others who are incapable to be sued. It may be explained as ‘Who cannot sue?’ and ‘Who cannot be sued?’ The following persons are not capable to sue the defendant under the law of torts. They are convicts, alien enemies, husband and wife, corporations, unborn child, insolvent person and foreign sovereigns. The contention in the tort law regarding who all do not have the right to sue another person has actually given rise to many confusing interpretations. This clause in the law worked well for the society that existed decades ago. But this law needed considerable amendments to tackle the needs of the present society. Similarly the contention who all cannot be sued also came to be misinterpreted. The main reason for such a situation was that those privileged people misused their powers for partisan ends and could get away without having to pay any damages. The ‘Texans for Lawsuit Reforms’ started by Richard Weekley successfully highlighted the need for comprehensive lawsuit reforms in Texas. The numerous amendments to the laws has now helped people who earlier did not have any voice to boldly stand up and make their grievances heard and receive proper remedy for the wrongs suffered by them. ![]() |
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#2
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| Re: The right to sue for damages |