CONCLUSION

A corporation can only sue for any tort if firstly, the tort is not of a kind which is impossible to commit Eg: Assault or false imprisonment etc. and secondly, in case of defamation matter reflects upon the corporation itself and not on its members or officers. A suit can be filed against a corporation even if it is incorporated for public duties from the discharge of which it derives no profit. A corporation is undoubtedly liable for torts committed by its agent or servants to the same extent as a principal is liable for the torts of his agent or an employer for the torts of his servant, when the tort is committed in due course of doing an act which is within the scope of powers of the corporation. Regarding Ultra vires torts of a company, the rule of constructive notice of memorandum explains why a company is not liable for an Ultra Vires contract, but that does not solve the problem of injustice involved. As the law stands at present, to make a company liable for any tort it must be shown that : (1) The activity in the course of which it has been committed falls within the scope of the memorandum, and (2) The servant committed the tort within the course of his employment. The Law has not yet clearly declared the justice of the demands of the plaintiff.