What happens if one of the necessary identities for res judicata is missing?

In the context of res judicata, which is a legal doctrine that prevents a party from relitigating a claim that has already been judged on its merits, all necessary identities must be met for the doctrine to apply effectively. These identities typically involve the same parties, the same claim or cause of action, and a final judgment on the merits from a competent court.

If one of these identities is missing, the defense of res judicata cannot be properly established. This means that the party who is attempting to invoke res judicata cannot successfully argue that the issue has already been decided. As a result, the legal principle fails because it relies on the fulfillment of all required elements to bar subsequent actions.

This outcome allows the party who is faced with the claim to proceed without the hindrance of res judicata, meaning that they have the opportunity to challenge the claim in court without being precluded by a prior judgment, hence affirming the notion that the defense fails when one of its necessary identities is absent.