Alternative Pleading
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At common law, a pleading that alleges facts so different or mutually… (Read more)
What does Alternative pleading mean in American Law?
The definition of Alternative pleading in the law of the United States, as defined by the lexicographer Arthur Leff in his legal dictionary is:
A pleading in which there are set forth two or more statements by way of claim or defense which not only are not quite consistent, but may be mutually exclusive. A famous (and most likely apocryphal) example is the answer filed to a complaint charging damage to a borrowed kettle: (1) I nfever borrowed it; (2) it was damaged when I borrowed it; (3) I returned it undamaged. Whatever the sufficiency of alternative pleading in time past, under Fed. R. Civ. P. 8(e)(2) and other modern
procedural codes, such pleading is perfectly proper.
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