alternative pleading
noun phrase
Meaning
A legal strategy where a party presents two or more contradictory claims or defenses in the same lawsuit, allowing them to succeed on one even if the other fails.
Examples
- The plaintiff included an alternative pleading to ensure recovery under either contract law or unjust enrichment.
- By using alternative pleading, the defendant denied the accident occurred while simultaneously arguing that the plaintiff was at fault.
Synonyms: inconsistent pleading, hypothetical claim