Assume the other requirements of res judicata are met. In which situation does an earlier judgment fail…
Res judicata can operate between co-defendants or co-plaintiffs when their conflict was necessary to decide and finally determined. The label pro forma defendant does not…
Choose your answer
Assume the other requirements of res judicata are met. In which situation does an earlier judgment fail to bind co-parties on an issue between them?
Answer and explanation
Correct answer C
Res judicata can operate between co-defendants or co-plaintiffs when their conflict was necessary to decide and finally determined. The label pro forma defendant does not create a universal exemption; what was necessarily adjudicated controls.
See section 11 of the Code of Civil Procedure, 1908, and Mahboob Sahab v. Syed Ismail (1995).
Option feedback
Option A
A necessary final adjudication of the co-defendant conflict can bind them.
Option B
A necessary final adjudication of the co-plaintiff conflict can bind them.
Option C
Formal joinder alone supplies no necessary adjudication of an issue between those parties.
Option D
Direct, substantial and final adjudication can satisfy the requirement.
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