alternative pleading


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Noun1.alternative pleading - a pleading that alleges facts so separate that it is difficult to determine which facts the person intends to rely on
pleading in the alternative
pleading - (law) a statement in legal and logical form stating something on behalf of a party to a legal proceeding
law, jurisprudence - the collection of rules imposed by authority; "civilization presupposes respect for the law"; "the great problem for jurisprudence to allow freedom while enforcing order"
Based on WordNet 3.0, Farlex clipart collection. © 2003-2012 Princeton University, Farlex Inc.
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Election of Remedies Must Not Be Confused with Alternative Pleading
Florida Rule of Civil Procedure 1.110(g) specifically allows a pleader to "set up in the same action as many claims or causes of action" as he has, and a "claim for relief may be stated in the alternative." This use of alternative pleading is "a perfectly acceptable practice under Florida law." (5) Since different legal theories may be presented, an "election between inconsistent remedies need only occur before judgment is entered." (6) The election of a plaintiff's ultimate remedy--be it lost profit, out-of-pocket, quantum meruit, or other damages--cannot be required before the trial takes place.
"For want of a nail": applying Florida's reasonable certainty test to lost profit damage claims
Other changes are made to complement the alternative pleading, disclosure, and discovery practices.
Simplified rules of federal procedure?

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