PRETRIAL ADJUDICATION
...Pleading
......Complaints
.........Designation of Cause of Action
............Pleading Inconsistently
4 Cards On This Topic:

Causes of action inconsistent with each other may be pleaded.

Ct. may take judicial notice of prior inconsistent pleadings; if no proper explanation for inconsistencies ct. may conclude cause of action is sham and dismiss.

If uncertainty as to facts or theory for claim exists, pleader may plead inconsistency or alternatively.

While inconsistent legal theories are proper in verified complaint, inconsistent facts are not.