Principle

CIVIL PROCEDURE β€” Res Judicata β€” Parties in Representative and Personal Capacities

Area of law
CIVIL PROCEDURE
Court
Supreme Court

Res judicata requires identity of capacity. A judgment against a person personally does not bind them as a representative. The principle protects persons from being bound in a different capacity. The rule applies to both plaintiffs and defendants. The court will examine the capacity in…

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