Capacity to Commit a Tort and to Sue

Abstract

This chapter is concerned with the capacity of a party to sue or be sued in tort. Generally, there are no restrictions on who may bring an action or who may be sued in tort. However, there are exceptions to this general principle. The first section of this chapter will consider parties that have an immunity from suit because of their public status. The final section will consider those parties whose capacity to sue or be sued is limited by some private or personal characteristic of that party.