Purpose Of Pleadings Flashcards
1
Q
What are the parties required to state?(2)
A
Main claims and defences
2
Q
How do pleadings allow for basically procedural fairness and natural justice
A
Ensures other party knows what the claim/defence is about
3
Q
To compel each party to state the material facts
A
Avoids taking an opponent by surprise
4
Q
Gives the court a written record of the case
A
Allows court to understand the issues so it can manage the case
5
Q
Set time limits to the dispute (give example)
A
Enables other procedures to be effective as well (eg discovery)
6
Q
Do pleadings prefer an out of court settlement
A
Yes
