Principle

CIVIL PROCEDURE – Pleadings – Effect of Failure to Traverse Allegation

Area of law: CIVIL PROCEDURE – Pleadings
Court: Supreme Court

Proper traverse requires express, specific denial or non-admission. Inadequate traverses include: "I am not in a position to admit or deny"—this is evasive, not a proper denial; "I put plaintiff to strict proof"—this doesn't deny the allegation, merely states plaintiff must prove it (which plaintiff…

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