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