LAW 122 Chapter Notes - Chapter 2: Punitive Damages, Specific Performance, Legal Personality
4 Feb 2016
School
Department
Course
Professor
Document Summary
We may define the litigation as dispute resolution in court: Risks of litigation: unpredictable, expensive, time consuming, frequently fatal to business relationships. Litigation is rare: very few cases are actually decided by judges in court. Who can sue or be sued in court: human beings, general rule, any person can sue or be sued, variation, person who lacks legal capacity can sue or be sued but must act through a representative. Pleadings are documents that clarify and identify the dispute. The parties to a dispute in court are: plaintiff: person making complaint, defendant: person being complained about. Statement of claim: used by plaintiff to start claim: some provinces use writ before statement of claim, outlines dispute and states desired remedies. Statement of defence: used by defendant to deny facts or liability. Counterclaim: used if defendant wants to claim against plaintiff in same proceedings. Statement of defence to counterclaim: denial of facts or liability in counterclaim.
