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
SUGGESTED ANSWER:
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

Comments

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

Leave a Reply

Your email address will not be published.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