Tag Archives: ALTERNATE CAUSES OF ACTION

Can someone plead an inconsistent theory in PA?

Q: I was served with a complaint which had several counts. How and where can I find out about inconsistent theories in a pleading? I must file an answer in 20 days. (Pittsburgh, PA)

A: In civil law, it is common to plead alternate causes of action in the alternative. Go to the Rules of Civil Procedure, Pleadings in title 42. For example, someone might include a count for breach of contract but in case they lose that argument they may also plead assumsit or quantum meruit in the alternative.