Husband and Wife Capacity to Sue Each Other Law of Torts


 

CAPACITY

To Sue or Be Sued

 

This Article is written by Shashank, first year Law Student. This article discusses about Capacity of Husband and Wife to Sue each other for torts.


1. Act of State

2. Corporations

3. Minor

4. independent and Joint Tortfeasors (Composite Tortfeasors)

5. Husband and Wife

6. Persons having Parental and Quasi-parental authority

7. Persons having Judicial and Executive authority


In general, everybody has the right to sue and the potential to be sued in tort. There are several exceptions to this law in the case of such individuals, and their situation has been addressed in detail below. The role in the following situations is discussed in this article.

1. Act of State:  (Click Here to Read)

2. Corporations   (Click Here to Read)

3. Minor   (Click Here to Read)

4. Independent and Joint Tortfeasors (Composite Tortfeasors) (Click Here to Read)

5. Husband and wife ---

6. Persons having Parental or Quasi-parental authority (Click Here to Read)

7. Persons having Judicial and Executive authority (Click Here to Read) 

5. Husband and Wife

 

Action between spouses

There will be no tort suit against husband and wife in Common Law. If the other partner committed a tort, neither the wife nor the husband may sue the other spouse. The Married Women's Property Act of 1882 made a reform by allowing a married wife to sue her husband in tort for property rights and security. A choice of action was included in her house. She could sue her husband after her marriage if she had a lawsuit for injuries suffered by her husband before their marriage. ' A wife could only sue her husband for the safety and security of her property; she could not sue him for personal injury. She could complain if her husband ruined her watch, but she couldn't sue if he broke her legs due to negligence. The husband has no legal right to sue his wife for any harm that she has caused him.

The wife may sue the third party if the husband committed a tort while serving as an agent or servant for the third party, causing her harm. She was not barred from pursuing a claim against the third party only because her husband was not responsible for the injuries. Thus, if a husband injures his wife while driving a car on behalf of his mother, the wife will sue her mother-in-law. 3 The husband served in two capacities: (1) as a husband, and (2) as an agent for his mother, and he was assumed to be working in the capacity of an agent at the time of the accident in the above case.

In the case of Broom v. Morgan, it was decided that if a husband committed a tort against his wife while working for his master, the master was responsible. "If the servant is free from an action at the suit of the injured party due to a positive rule of law, the master is not absolved," Denning L.J. said. Regardless of the servant's privilege, the master's responsibility is his own and lies with him.

 

The Law Reform (Husband and Wife) Act of 1962 repealed the provision barring acts between partners. Still, as though they were unmarried, the husband and wife will sue each other. The Statute, however, prohibits one partner from suing the other during their marriage, and the court has been granted the discretion to stay the proceedings if it appears that no side can benefit much from the proceedings, or if the matter can be resolved more quickly under Section 17 of the Married Women's Property Act, 1882.

 

Husband's liability for wife's torts

 

Since the woman could not be charged individually in Common Law, if the wife committed a tort, an action could be brought against both the husband and the wife. As a result, a husband was responsible for his wife's post-marriage torts.' The Married Women's Land Act of 1882 made a husband responsible for his wife's prenuptial torts up to the value of the property he obtained from her. Because of the Law Reform (Married Women and Tortfeasors) Act of 1935, a husband is no longer responsible for any tort perpetrated by his wife, whether committed before or after marriage, simply because he is her husband. However, if the husband and wife are joint tortfeasors, they will be held jointly accountable.

Next: 

    Who Can Sue or Be Sued

1. Act of State:  (Click Here to Read)

2. Corporations  (Click Here to Read)

3. Minor (Click Here to Read)

4. Independent and Joint Tortfeasors (Composite Tortfeasors)(Click Here to Read)

5. Husband and wife ---

6. Persons having Parental or Quasi-parental authority (Click Here to Read)

7. Persons having Judicial and Executive authority (Click Here to Read)


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