Legal person

When approached to undertake a commission, one of the first questions you should ask is: is my client a 'legal person'? A legal person is an entity that can sue and be sued. The most common forms of a legal person are: a natural person (individual) and companies (public Limited or ‘Ltd’; and private ‘Pty Ltd’).

Whilst a partnership is not a legal person in its own right, it is made up of legal persons (the partners) and is bound by commitments made by any one of them, who therefore can sue or be sued in respect of the affairs of the partnership.