U2 AOS1 - Possible Parties to a Civil Case

Question 1

Plaintiffs and defendants

Answer 1

• There may be more than one aggrieved person or more than one wrongdoer in any situation
• Two or more people can be joined as plaintiffs or defendants in proceedings
  
  • e.g. joint owners of property suffered a loss due to neighbour’s breach (joinder of plaintiffs)
  • e.g. a person has suffered a loss due to the breach of two housemates that live next door (joinder of defendants)

Question 2

Plaintiffs - class action

Answer 2

• Also known as representative/group proceedings
• The lead plaintiff represents the class in proceedings (also bears financial risk)
• Other people in the class are called group members

Question 3

Criteria for a class action

Answer 3

• Seven or more people have claims against the same defendant
• The claims concern the same, similar or related circumstances
• The claims give rise to a common issue of law or fact

Question 4

Becoming a part of a class action

Answer 4

• Victoria has an opt-out system of class actions
• Once the criteria has been defined, if a person meets them they’re automatically included
• You can opt out through writing
• Cannot bring another action if part of a previously argued class action

Question 5

Plaintiffs - other victims

Answer 5

• Can also be someone who has indirectly suffered loss due to the breach of another party
  
  • e.g. family member of murdered person sues person they believe committed the murder
  • e.g. a witness of a traumatic event

Question 6

Defendants - employers

Answer 6

• Have vicarious liability
• Have right, ability and duty to control employee activities (this is what makes them VL)
• Only applies when employee is acting in ‘course of their employment’ (employer authorised) and not in a ‘frolic of their own’ (unauthorised or unknown)

Question 7

Vicarious liability

Answer 7

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