Capacity
1. Generally speaking anyone of full age may sue and be sued in tort.
2. Minors
As a rule, minors enjoy no special exemption from tortious liability. However, it may have some effect.
a) A child charged with negligence, or contributory negligence (when sueing), will be judged, not according to the standards of a reasonable adult, but according to those of a child.
b) Where a child is immune from contractual liability, he will be exempted from tortious liability as well. A plaintiff will not be permitted to evade the rule which accords contractual immunity by framing his action in tort:
Jennings v. Rundall 1799 - minor overriding a horse; no more than a breach of contract.
But where the minor's act is outside the contract's terms, it can be treated as a tort independently:
Burnard v. Haggis 1863 - minor using horse for jumping against express provisions of the contract.
c) Unborn children:
aa) Congenital Disabilities (Civil Liability) Act 1976: An action may lie against a person whose breach of legal duty to a parent results in a child being born disabled, abnormal or unhealthy; though if the breach of duty precedes conception there will be no liability if either or both of the parents knew that there was a risk that the child would be born disabled.
Where a contract with a parent excludes liability the exclusion will also apply to the unborn child. Contributory negligence will also reduce the child's claim.
bb) No claim will lie on behalf of the child when born if the person responsible for its disabilities is his mother, except where the injury is due to her driving a motor vehicle (odd).
cc) No claim will lie if the child is not born alive.
dd) No claim will lie, if the child is born disabled, against a doctor who failed to advise an abortion:
McKay v. Essex Area Health Authority 1982 - public policy; no way of balancing the 'merits'.
However, a sterilization negligently performed will give rise to legal action. Although it was held in the case of
Udale v. Bloomsbury Area Health Authority 1983 that a mother should welcome the birth of a child as a blessing rather than a curse, this was later overruled in by the Court or Appeal in the case of
Emeh v. Kensington and Chelsea and Westminster Area Health Authority 1985.
3. Corporations
Corporations are regarded in law as employers of their agents - from director to office boy - they may be held vicariously liable for the torts of their agents acting within the course of their employment.
4. Cities, town, villages
Even small villages are enough to be Her Majesty's subjects: A. G. v. PYA Quarries 1957