Legal Definitions - virtual-representation doctrine

The virtual-representation doctrine is a legal principle that allows a judgment to bind a person who is not a party to the litigation if one of the parties is so closely aligned with the nonparty's interests that the nonparty has been adequately represented by the party in court.

For example, if a husband is sued and his wife has a similar interest in the case, the judgment may also bind the wife even if she was not named as a party. This is because the husband's interests were closely aligned with the wife's interests, and he adequately represented her in court.

The virtual-representation doctrine is related to the concept of res judicata, which is an issue that has been definitively settled by judicial decision. Res judicata can also be used as an affirmative defense to bar the same parties from litigating a second lawsuit on the same claim or any other claim arising from the same transaction or series of transactions that could have been raised in the first suit.

For res judicata to apply, three essential elements must be present: (1) an earlier decision on the issue, (2) a final judgmenton the merits, and (3) the involvement of the same parties or parties in privity with the original parties.

For example, if a person sues a company for breach of contract and loses, they cannot sue the same company again for the same breach of contract. This is because the issue has already been decided, and the same parties are involved.

The virtual-representation doctrine and res judicata are important legal concepts that help ensure fairness and efficiency in the legal system.