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Legal Concepts

PERSON[1]

QUESTION BANK

Q.1 Discuss the legal status of dead persons and unborn persons.

Q.2 Discuss the legal status of lower animals, minors and persons of unsound mind.

Q.3 Define a legal person. Discuss the nature of liability of a corporation for the acts of its agents and representatives.

Q.4 Define legal person. Explain the status of lunatics and drunken persons.

Q.5 Explain the nature of personality and discuss the legal personality of non-human being.

Q.6 What is the legal status of corporate personality.

SHORT NOTES

Legal status of legal person.
Legal status of unborn person.
Modern legal personality.
Corporation.

I. Introduction-

[In this topic and coming topics, we will discuss meanings of some basic legal concepts such as a person, right and duty, ownership, possession, property, liability, etc.].

The term ‘person’ is derived from the Latin word “persona’ which means ‘a mask worn by the actor in drama’. Gradually, its meaning started to be used synonymously with that of a ‘living being’ capable of having rights and duties. However, in present days it denotes a ‘being or an entity capable of sustaining legal rights and duties’. Thus, Corporations, companies, trade unions, societies, universities, hospitals, idols, etc., are persons in the eyes of the law.

II. Definitions-

Following are some of the definitions of ‘person’, viz-

1. Salmond-

According to Salmond, “a ‘person’ is any being whom the law regards as capable of having rights and duties”.

2. Gray-

According to Gray, “a person is an entity to which rights and duties may be attributed”.

Thus, from the above definitions, we will find two types of persons viz- (i) Natural and (ii) legal.

III. Kinds of persons-

1) Natural person[2]–

A human being is a natural person, capable of having rights and duties. It is both a person in law as well as in fact. In the modern era, all human beings are regarded as ‘persons’. However, in ancient times, enslaved people, monks, excommunicates[3] and, outlaws[4]aliens were not treated as persons. They had no rights and duties as other human beings. A human’s legal personality begins at birth and ends with death.

2) Legal person[5]–

‘Legal Person’ is also called an ‘artificial’, ‘juristic’ or ‘fictitious’ person. According to Salmond, a ‘legal person is a person to whom law attributes personality’. A legal person is a person who exists only in the eyes of the law; in fact, it cannot be seen, felt or touched. Corporations, Universities, Municipalities, idols, Bishop, Post-master General etc., are legal persons in this sense.

IV. Legal status of lower animals, dead men and unborn persons, etc.-

1) Legal status of lower animals-

Human beings are ‘Natural’ persons. According to Salmond, animals (beasts) are not persons, either natural or legal. They are merely things. Animals may be the object of legal rights and duties, but animals themselves cannot possess any right or duty.

In the olden days, however, we may find some examples of punishment for animals. Ox, if it kills humans, used to be stoned to death. Similarly, there was an instance in past when cock was tried for witchcraft. Even in Greek law, animals and trees were tried for offences. In ancient Hindu jurisprudence, we also found that the killing of harmless animals like swans, squirrels, pigeons, cows, bulls, etc., was punishable. In this limited sense, they were treated as a person. However, if any animal becomes dangerous, it will be killed. In modern law, animals are not considered as a person having rights and duties. But there are provisions to protect them. In today’s time, we find a number of laws which protect against cruelty to animals, anti-poaching laws, prohibition on smuggling of animals, bull fights etc.

An animal cannot possess legal rights nor be subject to duty. Harm to an animal is treated as harm to its owner. However, the latter would prevail in a conflict of interest between animals and men.

No animal can be the owner of any property. An animal cannot be an owner even if there is a human trustee. A private trust in perpetuity for the benefit of animals is prohibited. However, a public charitable trust to benefit a certain class of animals is valid. Thus, a bequest in trust for the protection of crippled, weak animals is valid. Sometimes, a private trust, even though for the benefit of a particular animal, is held valid if it is not in perpetuity. There is a provision even in Indian law to keep trespassing animals in cattle pound unless the fine is recovered.

2) Legal status of dead men-

In law, the dead are treated as things and not persons. Dead have no rights, duties or interests. We will discuss the legal status of the dead in relation to the following-

i) Legal status relating to corpse-

A corpse or dead body is not the property of anyone, even of the dead or his heirs. In Williams v. Willams,[6] it has been held that a corpse cannot be disposed of by will or by any other instrument. However, today, one can donate an eye, heart, kidney, etc., for medical purposes. In India, we will find some laws which permit such gift of parts of a dead body. A person cannot make provision by will bequeathing certain property for the maintenance of his grave, but he may bequeath for maintenance of the graveyard. S. 297 of I.P.C provides punishment for committing a crime which amounts to indignity to any human corpse. According to English and Muslim law, violation of a grave is treated as an offence.

ii) Legal status relating to the dead man’s reputation-

Defaming a dead man is treated as an offence, not against the dead but against legal heirs. S. 499 of I.P.C punishes defamation even of a dead man.

iii) Legal status relating to the dead man’s property-

Through a will, a person can make arrangements for his property even after his death. The law of succession permits the desire of the dead to regulate the actions of the alive to whom the property is bequeathed.

3) Legal status of an unborn person.-

An unborn person has a legal personality for specific purposes and upon a contingency. No restriction in law prevents a man from owning property before his birth. This ownership is real and present but is contingent upon his taking birth alive. For example, a bequest can be made to an unborn person. Similarly, a posthumous child is entitled to succeed in his deceased father’s estate, provided that he must be born alive. In short, if the unborn dies in the womb, his interest comes to an end, and no one can claim it through him. It has been held that a posthumous child is entitled to compensation for the death of his father in an accident, etc[7].

416 of the Cr. P.C. provides that pregnant women condemned to death cannot be executed until she delivers the child. Abortion is an offence in many countries, including India.

In R.V. Senior[8] British Court has held that a willful or negligent injury upon a child in the womb, because of which it dies after having been born alive, amounts to murder. In India, if any part of a child comes out of the body of a mother and is killed, it amounts to murder.

However, in Waker Vs The Great Northern Rly Co[9]. Ireland Court rejected the compensation claim of a child who suffered injuries while in the mother’s womb due to a railway accident. The court further held that the Railway Company is not obliged to take care of a child whose existence it was unaware of.

However, in Montreal, Thransway Co. Vs Leville[10] Canadian Court granted compensation to an infant for injuries suffered in an accident while in the mother’s womb.

Thus, in many respects, the unborn child in the mother’s womb is regarded as having a right and, therefore, is a person in the eyes of the law.

4) Legal status of a lunatic person-

A lunatic is a person who suffers from intermittent attacks of unsoundness. A lunatic is a legal person with restricted rights and duties, like a child.

A lunatic cannot enter into a contract; any contract with a lunatic or person of unsound mind is void ab initio in India (S. 11 of the Indian Contract Act). However, it is voidable in England at the option of a lunatic person on his becoming of sound mind.

However, when a lunatic becomes of sound mind, he can enter into a valid contract. In Inder Singh V. Parmeshwardhari Singh[11]

Facts- A property worth about Rs. 25000 was agreed to be sold by a person for just Rs. 7000. His mother proved that he was a lunatic and, therefore, incapable of understanding the transaction.

The court held that– the agreement was void, as the person could not exercise his own judgment as to his interest.

However, a guardian can enter into a contract on behalf of a lunatic.

Similarly, an insane person is not liable for a crime, and he cannot be punished for that (S. 84 of I.P.C).

5) Legal status of a drunkard-

A drunkard person has a legal personality with limitations on his rights and duties. His status is like a lunatic.

If a drunkard person enters into a contract while heavily drunk, whereby he is unable to understand the nature of the agreement, the agreement is void. But if he is able to understand the nature of the agreement and its effect on his interest, the contract is valid.

A person intoxicated or drunkard is defended from criminal liability; however, such intoxication should not be voluntary (Ss. 85 and 86 of I.P.C).

Three kinds of abnormal persons are unable to form rational thinking. They do not know the nature of the act they are doing, and they are also unable to know the effects and legal consequences of their acts. They are persons of unsound mind (lunatics, idiots, etc.), persons heavily drunk (intoxicated), and minors. They are defended by law because they lack the requisite means to commit the offence.

6) Corporation-

A corporation is a legal or artificial person. By legal fiction, personality is conferred on such a corporation.

Kinds of Corporation-

1) Corporation aggregate[12]–

A corporate aggregate is a group of co-existing persons or a combination of persons who are united together with a view to promoting their common, collective interest, which is generally the business or commercial interest such as a company. A corporate aggregate is a collection of individuals united into one body under a special denomination. It has perpetual succession and, in many respects, acts like an individual.

In India, All bodies or associations incorporated under the statute of Parliament or state legislature are corporate aggregates. Thus, all corporations registered under the Companies Act 1956, all societies registered under the Societies Registration Act 1860, and all trusts registered under the Trust Act are corporate aggregates.

2) Corporate Sole[13]–

Corporate sole is an incorporated series of successive persons. It consists of a single person who is personified and registered by law as a legal person.

Thus, a single person who, in the exercise of some office or function, deals in the legal capacity and possesses rights and duties is a ‘corporate sole’. A corporate sole is also perpetual. Post-master-General, Public Trustee, Comptroller and Auditor –General of India, the President of India, and the Crown in England etc., are some examples of the corporate sole.

The person acting as the corporation sole has a double personality: personality as a ‘corporate sole’ and personality as a natural person.

Conclusion-

In conclusion, we may say that, like a natural person, the law confers personality to some unnatural entities for a specific purpose. Like natural persons, these legal personalities also get names, fame, rights, and duties for carrying out their specific purpose.

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[1] व्यक्ती/ व्यक्तीमत्व [व्यक्ति / व्यक्तित्व ]

[2] नैसर्गिक व्यक्ती/ मणुष्यप्राणी [प्राकृतिक व्यक्ति / मानव ]

[3] वाळीत टाकलेला [रेत में फेंक दिया ]

[4] हद्दपार केलेला / कायदयाच्या संरक्षणाबाहेर टाकलेला [निर्वासित / कानून के संरक्षण से बाहर कर दिया गया ]

[5] कायद्या प्रमाणे व्यकती / कायद्याच्या दृश्टीने व्यक्तीमत्व [कानून के तहत व्यक्ति / कानून के तहत व्यक्तित्व ]

[6] (1882) 20 Ch. D. 659

[7] George and Richard(1871) L.R.3 Ad.466

[8] (1832)

[9] [1890 ] 28 L.R. Ire 69.

[10] [1933]

[11] 1957 Pat 491

[12] एकत्रीत व्यक्तीमत्व [सामूहिक व्यक्तित्व ]

[13] एका व्यक्तीसी संबोंधित संयुक्तीक व्यक्तीमत्व [एक व्यक्ति से संबंधित एक समग्र व्यक्तित्व ]