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Alternative Relief

demand party appropriate pleading

Remedies sought in a lawsuit in various forms or in the alternative, such as a demand for SPECIFIC PERFORMANCE of a contract or monetary damages to compensate for the failure to perform the obligation, or both.

Modern rules governing PLEADING in courts now specifically permit a party to demand relief in the alternative. This eliminates the harsh consequences of the rule of COMMON-LAW PLEADING that required a party to make one demand for one type of relief and to lose the case if a different remedy were more appropriate. Today, a party can ask for alternative forms of relief and recover what is later proved to be most appropriate at trial.

Alternative Writ [next] [back] Alternative Dispute Resolution - Mediation, Arbitration, Minitrial, Early Neutral Evaluation, Summary Jury Trial, Adr By Statute And Regulation - Mediation-Arbitration

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