Res Judicata and Collateral Estoppel Self-Quiz
Res judicata
is often referred to as:
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Collateral
estoppel is often referred to as:
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Joe and Bob
enter into a contract whereby Bob promises to sell Joe his house. Bob
later refuses to sell the house. Joe brings a cause of action against
Bob for breach of contract and only alleges that he has lost the fee he
paid his real estate broker. A jury determines that Bob is liable. Two
years later, Joe brings a cause of action against Bob for monetary damages
he sustained when Bob refused to sell Joe his home, thereby breaching
the contract. The specific damages Joe alleges in the second action are
moneys he had to expend canceling his moving contract. Bob asserts the
doctrine of res judicata. How is the court likely to rule?
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Joe and Bob
enter into a contract whereby Bob promises to sell Joe his house. Bob
later refuses to sell the house. Joe brings a cause of action against
Bob for breach of contract and only alleges that he has lost the fee he
paid his real estate broker. The judge grants Bob’s motion to dismiss
for improper service of process. Two years later, Joe brings a cause of
action against Bob for monetary damages he sustained when Bob refused
to sell Joe his home, thereby breaching the contract. The specific damages
Joe alleges in the second action are moneys he had to expend canceling
his moving contract. Bob asserts the doctrine of res judicata. How is
the court likely to rule?
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Joe and Bob
enter into a contract whereby Bob promises to sell Joe his house. Bob
later refuses to sell the house. Joe brings a cause of action against
Bob for breach of contract and only alleges that he has lost the fee he
paid his real estate broker. The jury decides that Bob is liable to Joe
for damages. A year later, Joe brings an action against his real estate
broker for breach of contract concerning the intended sale of Bob’s
house to Joe. The real estate broker seeks to invoke the doctrine of collateral
estoppel. How is a court likely to rule?
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