L4: Parties to a Civil Dispute

Question 1

Plaintiffs -Class Actions

Answer 1

The lead Plaintiff represents the class in the proceeding, the other people the the class are called group members.
A class action is when:
1. Seven or more people have claims against the same defendant; and
2. The claims concern the same, similar or related circumstances; and
3. The claims give rise to a common issue of law or fact

Question 2

Plaintiffs -Other Victims

Answer 2

A plaintiff can also be a person who has indirectly suffered loss as the result of another party.
Eg.
A person suffers loss due to the death of a family member or friend and sues the party they believe is responsible.
A witness of a traumatic event who has suffered nervous shock

Question 3

Defendants -Employers

Answer 3

Employers have the right, ability and duty to control the activities of their employees. Therefore, employers can be held liable for the breachers of their employees. This is known as vicarious liability. The employee must’ve been acting in the ‘course of their employment’ as opposed to a ‘frolic of their own’

Question 4

Vicarious Liability?

Answer 4

The legal responsibility of a third party for the wrongful acts of another

Question 5

Parties to civil dispute?

Answer 5

There may be more than one aggrieved person or more than one wrongdoer in a situation.
Two or more people can be joined as plaintiffs and defendants in a proceeding if:
~there is a common question of law or fact
~the remedy being sought arises from the same incident/transaction