Practice question
A corporation is added as nominal defendant to a suit enforcing a contract between two other persons. The requested order would divert its separate disputed debt to the claimant. No relevant juridical link is established. The claimant says joinder alone cures the Lorenzo Shipping defect. Which is correct?
- Joinder alone does not create the substantive connection required for that deposit theory
- Every nominal defendant becomes liable under all contracts
- A procedural caption replaces the contract
- The company automatically admits the debt by being named
- The deposit power is an unlimited substitute for attachment
Legal references
- Guerrero Estate v Leviste GR253428 February16,2022 MAIN: https://lawphil.net/judjuris/juri2022/feb2022/gr_253428_2022.html
- Lorenzo Shipping v Villarin GR175727/178713 March6,2019 MAIN: https://lawphil.net/judjuris/juri2019/mar2019/gr_175727_2019.html
Answer this question in flashcards to review your response and continue practicing.