Unit 5 Discussion
Counterclaim arise from the legal procedure or occur when an individual sue for a breach of contract. In some states like the state of New York, the plaintiff must write to sue the state in order to compel the defender to interpose the counterclaim. This deny the defender an independent and therefore, it would be appropriate to ensure that the defender is not required to enter a plea of any counterclaim which arise from the same transaction and the sue is not done separate. However, the best approach would be to make a policy whereby an individual taking legal address does not need permission from the state to sue a company for the transaction. The best policy is to ensure that sue or plea can be done separately and therefore, the defender would not need permission from the state to take a plea on matters related to counterclaim of any transaction.
The transaction or occurrence under the federal rules could mean the activities which take without any intent. It can be regarded as the subjected matter of the opposing site on the case. The occurrence or the transaction is described to provide a clear guideline of what the parties are claiming. Without having the occurrence, there would be no any counterclaim. It is the key to the claim which is made by any plaintiff and therefore, for the relief, it is the fact base and fact defined. It could be an accident, which has a caused a general harmful or damage condition. For example in the case, Hartrick v Great American Lloyds Ins. Co., 62 SW3d 270 and Century Ins. Co. v Lindsey, 997 SW2d 953 (Tex 1999). These two cases involved injuries to the occupant after the child discharged a shotgun. The issue of the case Century Ins. Co. v Lindsey, 997 SW2d 953 (Tex 1999), was whether the discharged shotgun caused an accident for the purpose of underinsured motorist benefit or not.
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