Bar by Prior Judgment vs Conclusiveness of Judgment

Bar by Prior Judgment vs. Conclusiveness of Judgment
(1997 Bar Question)
Distinguish Bar by prior judgment from
conclusiveness of judgment
Bar by prior-judgment is the doctrine of res judicata, which bars a second action when there is identity of parties, subject matter and cause of action. (Sec. 49[b] of former Rule 39; Sec, 47 [b] of new Rule 39). Conclusiveness of judgment precludes the relitigation of a particular issue in another action between the
same parties on a different cause of action. (Sec. 49 [c] of former Rule 39; sec. 47 [c] of new Rule 39). – source: Primus Reviewer


No comments yet. Why don’t you start the discussion?

Leave a Reply

Your email address will not be published. Required fields are marked *