Subject Matter Index

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Conditions necessary to sustain a representative action

Effect of a representative action

Effect of failure to state on the writ and pleadings that the parties are suing or are being sued in their representative capacity

Essence of a representative action

How authority of a person to bring a representative action can be challenged

Meaning of a representative action

Nature of a representative action

Necessary ingredient to maintain a representative action

Need for the writ and pleadings to state that the parties are suing or are being sued in their representative capacity

Position of the law on representative action

Position of the law on representative action

Position of the law where all named plaintiffs to a representative action die

Principles on representative actions

The only burden cast upon the plaintiffs in a representative action

The party with the onus of proof where the authority of persons who have brought an action in a representative capacity is challenged

The position of the law on the proper procedure for challenging a person's authority to represent a group in a suit

The principle that a named party in a representative action is dominus litis

The principles on which representative actions are founded

The proper order to be made where a representative action was wrongly filed

The rationale for representative actions

The rationale for the rule on representative actions

The rule that the adverse party lacks the locus standi to challenge the authority of named plaintiffs to represent the unnamed plaintiffs in a representative action

The rule that the persons who are to be represented and the persons representing them must have the same interest

What the rule as to representative actions entails

When a representative action would be appropriate

Whether a person represented in an action can object to such representation

Whether a plaintiff must seek the leave of all the defendants to sue them in a representative capacity

Whether a representative action dies with the party representing the others

Whether a representative action is proper where the interests of the plaintiffs are not common

Whether an action brought on behalf of a third party and the plaintiffs is a representative action

Whether an appeal in a representative action abates on the death of all the parties named in that process

Whether an application to defend a suit in a representative capacity can be made by either party

Whether every member of the class represented by the named plaintiffs is a party to the representative action

Whether it is only the named plaintiff or defendant that is a party to a representative action

Whether it is only the named plaintiff that is a party to a representative action

Whether persons who are being represented, whether named or not, are deemed parties to the action bound by the determination of the case

Whether representation would be allowed where interests or liabilities of an association of persons were too diverse

Whether the fact that a member of a community took part in a court action either as a party or a witness is enough ground for the conclusion that the community to which that member belongs should be identified with that court action

Whether the named plaintiff in a representative action can withdraw secretly

Whether the party being represented by a representative action must be a juristic person

Whether the that a positive outcome of a case may inure to the benefit of people other than the plaintiffs makes it a class or representative action

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