inconsistent defenses

inconsistent defenses
Defenses pleaded in an answer which disagree with one another. 41 Am J1st Pl § 48. Defenses which contradict each other or disprove each other, thus being mutually destructive. 41 Am J1st Pl § 163. Defenses which raise issues triable by different methods or by different courts. 41 Am J1st Pl § 163.

Ballentine's law dictionary. . 1998.

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  • inconsistent — I adjective at variance, capricious, changeable, conflicting, contradictory, contrarius, contrary, different, disagreeing, discordant, discrepant, dissonant, divergent, erratic, fickle, fitful, flighty, illogical, incompatible, incongruous,… …   Law dictionary

  • inconsistent — Mutually repugnant or contradictory. Contrary, the one to the other, so that both cannot stand, but the acceptance or establishment of the one implies the abrogation or abandonment of the other; as, in speaking of inconsistent defenses, or the… …   Black's law dictionary

  • inconsistent — Mutually repugnant or contradictory. Contrary, the one to the other, so that both cannot stand, but the acceptance or establishment of the one implies the abrogation or abandonment of the other; as, in speaking of inconsistent defenses, or the… …   Black's law dictionary

  • inconsistent pleading — See inconsistency; inconsistent counts; inconsistent defenses …   Ballentine's law dictionary

  • contradictory defenses — See inconsistent defenses …   Ballentine's law dictionary

  • defense — de·fense /di fens, dē ˌfens/ n 1: the act or action of defending see also self defense 2 a: the theory or ground that forms the basis for a defendant s opposition to an allegation in a complaint or to a charge in a charging instrument (as an… …   Law dictionary

  • Diminished responsibility — For other types of responsibility, see Responsibility (disambiguation). Criminal defenses …   Wikipedia

  • inconsistency — Want of harmony or accord. The quality of being inconsistent. Want of harmony between two clauses of an instrument, as where there are conflicting descriptions in a deed of the property conveyed. 23 Am J2d Deeds § 237. Repugnancy in a pleading;… …   Ballentine's law dictionary

  • Allegation — Not to be confused with alligation. Alleged redirects here. For the champion racehorse, see Alleged (horse). An allegation (also called adduction) is a claim of a fact by a party in a pleading, which the party claims to be able to prove.… …   Wikipedia

  • repugnancy — An inconsistency, opposition, or contrariety between two or more clauses of the same deed, contract, or statute, or between two or more material allegations of the same pleading, or any two writings. Within rule that repugnant counts cannot be… …   Black's law dictionary

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