With this done it is possible to understand the three tasks involved with
parties. Identify every party. Identify the permutations of parties. Identify what
the question requires regarding parties.
Simple Case
Assume that R is suing S for trespass to land. This is the case of ‘R v S’. It
illustrates the simple type of case. It is simple on three dimensions:
(1)
Constitution of the Set of Parties. The there is only one party on each
side. The set of parties on the plaintiff’s side consists of one party, R. The set
of parties on the defendant’s side consists of one party, S.
(2)
Cause of Action. There is only one cause of action, namely trespass to
land.
(3)
Permutations of Parties. There is only one permutation of parties,
namely ‘R v S’.
Complicated Cases
A case in real life, and potentially a problem question, can be more
complicated than this on any of the three dimensions.
(1)
Two or More Parties in a Set. While a set of parties may consist of just
one party there can be two or more parties in the set. Thus A and B and C can
sue X and Y so the action is ‘A, B and C v X and Y’. In this case there are
three parties in the plaintiff’s set (A, B and C) and two parties in the
defendant’s set (X and Y). This complication does not concern us since the
focus is on the action. Whether there are two or more parties on either side
does not normally affect the substantive legal questions that require our
attention. Instead it concerns the special procedural rules such as those
regulating multiple parties and joinder of parties.
(2)
Two or More Causes of Action. There can be two or more causes of
action in a case. For example, if A is suing P it is possible that A is bringing
two or
more causes of action against P. For example, A is suing for trespass
to land, trespass to goods and defamation. This is discussed in two later
sections – “Ascertaining Law” and “Organising Law”.
(3)
Two or More Permutations of Parties. In the simple case
there is one
permutation of parties. In the example above it was R v S. There can,
however, be two or more permutations. For example, in a case or a problem
question A may be suing X (A v X), and X may be suing Y (X v Y). This is
discussed in “Parties”. At this point our sole task is to identify the possible
permutations of all of the parties. At this stage we do this without judgment as
to their possible liability as a defendant or their possible right of action as a
plaintiff because that comes in later steps.
This step of identifying the permutations of parties is functionally linked to the
next two step, which involves performing two tasks with law - ascertaining the
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