inconsistent fact

inconsistent fact
a party should not in any pleading make any allegation of fact or raise any new ground of claim that is inconsistent with a previous pleading of his. However, inconsistent facts may be alleged as alternative grounds on which he is entitled to relief. 'Inconsistent' in this context does not mean 'mutually exclusive' but rather 'new or different' (see Herbert v. Vaughan [1972] 3 All ER 122). In Scotland this may be done, but the previous pleading may be put in cross-examination.

Collins dictionary of law. . 2001.

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