alternative relief – a request, in a pleading, asking for both specific performance, and damages that would be averted by specific performance

     This page is continued from Civil Law Self-Help >>>> Section 3: Which form(s) of relief are you seeking from the court to help remedy the situation? >>>> (Forms of) Relief:

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alternative relief:
(1851)

1. Judicial relief that is mutually exclusive with another form of judicial relief.  *  In pleading, a party may request alternative relief, as by asking for both specific performance and damages that would be averted by specific performanceFed. R. Civ. P 8(a). [1]

1. See prayer for alternative relief. [2]

1. A request in a pleading by a plaintiff for several forms of relief, so that if the court denies one form of relief it may still grant the others. [3]

prayer for alternative relief See prayer in the alternative. [2]

prayer in the alternative – A prayer in a pleading by a plaintiff in doubt as to the specific relief to which he is entitled, being in the alternative, so that i one kind of relief be denied, another may be granted, each kind being consistent with the case made by the complaint or bill. 27 Am J2d Eq. § 182; 41 Am J1st Pl § 111. [2]

References:

Disclaimer: All material throughout this website is compiled in accordance with Fair Use.

[1]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4

[2]: Ballantine’s Law Dictionary with Pronunciations Third Edition by James A. Ballantine (James Arthur 1871-1949).  Edited by William S. Anderson.  © 1969 by THE LAWYER’S CO-OPERATIVE PUBLISHING COMPANY.  Library of Congress Catalog Card No. 68-30931

[3]:  Ballantine’s Law Dictionary Legal Assistant Edition
by Jack Ballantine 
(James Arthur 1871-1949).  Doctored by Jack G. Handler, J.D. © 1994 Delmar by Thomson Learning.  ISBN 0-8273-4874-6.

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