PART 2 - PARTIES TO THE ACTION

Abstract

This chapter describes the principles that are applied to almost all torts. Any person other than an alien enemy who has been wronged by a tort is entitled to commence an action against the wrongdoer provided that the conduct complained of was committed within the jurisdiction. If the conduct complained of was committed abroad, the injured party can still commence an action provided that the conduct is such that it would have constituted a tort if it had taken place within this jurisdiction, and it is not legally justifiable by the law of that jurisdiction within which it took place and provided also that the injured party can serve his writ upon the defendant. If the defendant is actually present within the jurisdiction, no problem arises. If he is abroad, the court will give leave for him to be served with the writ abroad. A corporation is a person at law; but it is of the nature of such artificial persons that some torts such as assault and battery cannot be committed against the corporation as such, but only against the individual officer who is injured.