Legal Definitions - adverse party

An adverse party refers to any individual or entity involved in a legal dispute whose interests are in opposition to those of another party in the same case. Essentially, it is the "other side" in a lawsuit or legal proceeding, whose goals or desired outcomes conflict with yours.

While the most straightforward example is a plaintiff (the party bringing the lawsuit) versus a defendant (the party being sued), the concept can be more nuanced. In cases with multiple parties or complex claims, parties might be aligned on some issues but adverse to each other on others.

• Example 1: Imagine a landlord suing a tenant for unpaid rent and damages to the property. The landlord's primary interest is to recover the money owed and compensation for repairs, while the tenant's interest is to avoid paying or to pay a lesser amount, perhaps arguing the damages existed before their tenancy or that the landlord failed to maintain the property. In this scenario, the landlord and the tenant are clearly adverse parties because their financial interests and desired legal outcomes are directly opposed.

  Explanation: The landlord seeks payment and compensation, while the tenant seeks to avoid or minimize these obligations. Their conflicting objectives make them adverse to each other in the legal action.

• Example 2: Consider a multi-car accident where Driver A sues Driver B for injuries and vehicle damage. Driver B, in turn, claims that Driver C was actually at fault and should be responsible. In this situation, Driver A and Driver B are adverse parties regarding Driver A's initial claim. However, Driver B and Driver C also become adverse parties to each other concerning the question of who was truly negligent and responsible for the accident, even though Driver C was not initially sued by Driver A.

  Explanation: Driver A's interest in recovering damages from Driver B directly opposes Driver B's interest in avoiding liability. Furthermore, Driver B's attempt to shift blame to Driver C creates an adversarial relationship between Driver B and Driver C regarding the allocation of fault.