Tort Law Principles

Locus Standi

• Definition: Locus standi refers to the necessary capacity and ability of a claimant (or plaintiff) to sue in an action.

• General Rule: Any person of the age of majority can sue as a claimant and be sued as a tortfeasor in tort law.

• Exceptions to the General Rule:

  • Minors:

    • A minor cannot sue in their own right if a person causes them damage due to a breach of tortious duty.

    • A minor can bring a claim through a "next friend" (eg. parent, guardian).

    • A minor can defend a tort action through a "guardian ad litem".

    • Being a minor is not a defense to a tort action.

  • Companies:

    • For most torts, a company can sue and be sued in its registered name.

    • A company is subject to the same tortious duties as a natural person.

    • A company is vicariously liable for the breach of tortious duties of its servants, employees, and agents.

    • A company must act and be represented by a solicitor in an action; with the court's permission, an authorized officer can represent the company.

  • Government Departments:

    • A claimant can sue a particular government department in tort.

    • The Secretary of Justice typically takes over and defends actions on behalf of the Government.

    • The Government is vicariously liable for torts committed by its employees, similar to corporations.

  • Judges:

    • Judges have immunity from actions in tort arising from the discharge of their judicial functions.

    • In an individual capacity, a judge is subject to the same tortious liabilities as any other individual.

Res Ipsa Loquitur

Literal meaning of Res ipsa loquitur

• The Latin expression "res ipsa loquitur" means "the thing speaks for itself".

• It is a rule of evidence that assists a plaintiff in proving that a defendant is in breach of their duty of care.

The rule originated in Scott v The London and St Katherine Docks Co.
>The misuse of the machinery of defendant, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care.

Role in assisting a plaintiff to prove negligence

• The plaintiff has to prove negligence and its elements, including breach of duty of care.

• Plaintiff may have difficulty finding evidence in some cases.

• It assists the plaintiff by allowing them to succeed in an action for negligence even when there is no evidence as to what caused the accident and will only incurred by negligence.

• It does not shift the burden of proof to the defendant.