The Law is Standing Room Only

You know that archaic wedding question you mostly see on Television. 

The one that goes “If anyone has reasons why these two should not be married, speak now or forever hold your peace?” 

In romantic comedies, that line is used for the purpose of someone else who is in love with the bride or groom to stand up and declare their love.

However, the objection never matters unless the bride or groom agree to halt the wedding ceremony.

That is because the only people who have any say in whether the wedding continues is the bride, the groom and the officiant.

The law works the same way. To be a party to a lawsuit you need what is called STANDING.

Standing means that the plaintiff, or the person who brings the case, has either been affected by the events in the case or will be imminently affected or harmed if the court does not address the problem.

In other words, to bring the lawsuit, the case must have a personal connection to you.

For example, in the business litigation setting, a plaintiff has standing to sue for a breach of contract if it was one of the parties to the contract.

Imagine, as the owner of a business, you sign a contract with Company A and as part of that contract you are going to build a house. 

Then, Company A sells that house to Person B.

Person B is unhappy with the workmanship of the house and decides to sue you for breach of the contract with Company A.

Person B would lack Standing to bring that lawsuit because it was not a party to your contract with Company A and the case would be dismissed. (Person B could sue Company A who could in turn sue you, but that is a different topic that will be addressed in the future).

Thus, Standing is the first necessary element in bringing a lawsuit and without it a case cannot proceed.

Standing to sue should also be differentiated from capacity to sue. If a person lacks capacity to sue, they may have Standing and a legitimate case, but lack cannot bring the lawsuit because they are underage or not mentally fit to bring the case.

Thank you for reading, my business is to protect your business!


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