Civil Procedure the First Question Term Paper

Finally, if Barbara later filed a separate suit against Linda for the same breach of contract, her claim could be barred due to the theory of Res Judicata.

Because Joanne's claim in the action does not directly relate to the breach of contract claim filed by Judi, Joanne does not have a right to intervene in the action. However, she can still intervene under the auspices of permissive intervention. Joanne's claim against Linda, also for breach of contract, shares a common subject with the action filed by Judi in that both actions stem from the same action committed by Linda. Further, Joanne's contract with Linda is directly related to the contract between Linda and Judi and Barbara. Thus, the outcome of the claim filed by Judi will affect Joanne's claim. For these reasons, along with reasons of Judicial economy, it is more likely than not that a court will permit Joanne to intervene in the action at hand.

Rule of Civil Procedure 19 governs the joinder of parties. As a general rule, a person is to be joined whenever joinder is feasible. Feasibility is determined when the joinder will not deprive the court of jurisdiction and a finding that 1) in the person's absence complete relief cannot be accorded among those already parties, or 2) the person claims an interest relating to the subject of the action and is so situation that the disposition of the action in the person's absence may impair or impede the person's ability to protect that interest or leave any of the persons already parties subject to a substantial risk of incurring inconsistent or additional obligations by reason of the claimed interest.In the case at hand, Barbara should be joined as a party under Rule 19. If she is not joined as a party, Linda will continue to face additional obligations for the same act of breach of contract as Barbara will likely bring her own claim for the same action. Further, in order to protect her interest in the action, it is essential that Barbara be joined as she is a party to the contract in question.

Finally, according to Rule of Civil Procedure 14, a Defendant may bring in a third party whenever that third party may be liable to the third-party. In the case at hand, the supplier is not likely to be liable to any of the plaintiffs as the contract did not involve the supplier but only Linda. Thus, Linda will not be able to bring her supplier in to this action. Linda may file a cross-action against her supplier but her grounds that she was pressured to increase her sales does not seem to carry any legal grounds.

Bibliography

Farnsworth, Allan E. (2004): Contracts. Wolters Kluwer Law & Business.

Friedenthal, Jack….....