How might courts assess a failure to join a party?

When courts assess a failure to join a party, they consider whether justice requires that the absent party be joined to ensure fairness and the effective resolution of the case. This evaluation is crucial because it focuses on the potential impact of not having the party involved in the litigation. Joining a party may be necessary to resolve the dispute completely and fairly, as their absence could lead to inconsistent judgments or prejudice the rights of the existing parties.

In particular, justice may require joinder if the absent party has an interest in the subject matter of the case or if their involvement is essential to provide complete relief to the parties. The court will weigh the implications of allowing the case to proceed without the absent party against the principles of justice and fairness that underpin the legal system.

The other choices, while they may touch on relevant considerations, do not capture the primary judicial focus on justice and fairness that is central to the analysis of whether a party's joinder is necessary.