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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 performance. Fed. 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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