Legal Definitions - capacity to sue

Definition: Capacity to sue refers to the legal ability of a person or entity to bring a lawsuit or be sued in a court of law. It is the power to create or enter into a legal relation under the same circumstances in which a normal person would have the power to create or enter into such a relation. This includes satisfying legal qualifications such as legal age or soundness of mind.

For example, a minor may not have the capacity to sue because they are not of legal age. Similarly, a person with a mental illness may lack the capacity to sue because they do not have the mental ability to understand the nature and effect of their actions.

Capacity to sue is important because it ensures that only those who are legally qualified to bring a lawsuit or be sued are allowed to do so. This helps to maintain the integrity of the legal system and ensures that justice is served fairly.