Principle

CIVIL PROCEDURE — Pleadings — Defence — Averment That Claim Is Bad in Law and Equity Sufficient When Preceded by Detailed Material Facts

Area of law
CIVIL PROCEDURE
Court
Supreme Court

A defence need not name specific equitable doctrines if material facts are pleaded. The principle applies to civil procedure. The court can infer the legal basis from the facts. The rule promotes substance over form. The opposing party is on notice of the defence. The…

Read the full principle with Sanctum

Sanctum is the key to all NLC content: judgments, principles, statutes, rules of court and court forms. Choose a plan from 1 month to 36 months.

Get Sanctum Access I’m a member — Log in