Principle

CIVIL PROCEDURE – Pleadings – What Constitutes an Issue – Distinction Between Material Facts and Subordinate Facts

Area of law
CIVIL PROCEDURE
Court
Supreme Court

Not every factual dispute raised in pleadings constitutes "an issue" for trial. To be an issue, the fact must have a bearing on the principal question for determination. Subordinate or collateral facts, even if disputed, do not form issues in the legal sense. The distinction…

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