VocabuLaw

Pleading in the Alternative

What is it and what does it mean?

Description of the legal term Pleading in the Alternative:

Pleading in the alternative is a legal strategy used by parties in civil litigation in the United Kingdom when they are faced with uncertain or complex factual situations. It allows a party to put forward multiple sets of facts and arguments, which may be inconsistent with each other, each leading to different legal outcomes that favor that party. Pleading in the alternative ensures that a party does not have to commit to a single line of argument that may fail if the court finds the facts to be otherwise.

This strategy is instrumental when a clear picture of the facts has not yet emerged or when the law is unsettled regarding a point, which is common at the early stages of litigation. It covers various scenarios and legal theories, thus preserving a party’s claims without the risk of being precluded from arguing another claim later. It is worth noting that when deploying this strategy, a party is not making false statements but is putting forward alternative hypotheses for the court to consider.

It is considered acceptable practice so long as the pleadings are made in good faith and there is some basis to each alternative being advanced. The pleadings must not be frivolous or intended to harass the opposing party. They serve a fundamental role in ensuring that justice is done in cases where the facts may be disputed or various interpretations of the law may be applicable.

Under the Civil Procedure Rules (CPR), pleadings must be concise and to the point. This approach may seemingly be at odds with the concept of pleading in the alternative, which could necessitate a longer pleadings document. However, the rules also require that parties avoid omitting any potential arguments, hence the need for alternative pleadings to encompass all potential claims and defenses.

The strategy is employed in many areas of civil litigation, including contract disputes, personal injury cases, and corporate litigation, among others. By pleading in the alternative, a party can navigate the uncertainties of litigation and maximize the chance of a favorable outcome.

Legal context in which the term Pleading in the Alternative may be used:

Consider a scenario where an individual is suing a builder for damages arising from an alleged breach of contract. The homeowner pleads that the builder either (a) did not complete the work on their home, which thus constitutes a breach of contract, or (b) if the work was completed, it was not to the standard agreed upon, thus resulting in a breach of the warranty of workmanship. These are mutually exclusive outcomes – either the work was not completed, or it was but was substandard – yet, by pleading in the alternative, the homeowner ensures their case is not dismissed simply because one factual scenario does not fit the evidence presented at trial.

Imagine a product liability case where a consumer has been injured by a malfunctioning product. The consumer may plead in the alternative that (a) the manufacturer was negligent in making the product, (b) the manufacturer made false representations about the safety of the product, or (c) even if there was no negligence or misrepresentation, the product is still unacceptably dangerous under strict liability principles. This ensures that the consumer’s claim is assessed under multiple legal theories, increasing the chances of a legal remedy.

Pleading in the alternative is indispensable in the British legal system. It is a reflection of the pragmatic approach to litigation where the law acknowledges the complexities of human dispute and seeks to administer justice without being rigidly bound to a singular narrative of events. This flexibility is central to the adversarial system, fostering a full and fair evaluation of each party’s case and upholding the integrity of the judicial process.

This website is for informational purposes only and may contain inaccuracies. It should not be used as a substitute for professional legal advice.