STUDY UNIT 9: PLEAS

Question 1

WHAT IS A PLEA?

Answer 1

a plea is essentially the defendant’s reply to the plaintiff’s particulars of claim and contains the defendant’s defence to the plaintiff’s claim.

Question 2

TWO KINDS OF PLEAS:

Answer 2

1. plea on the merits
2. special plea

Question 3

1. PLEA ON THE MERITS:

Answer 3

deals with the substance of the plaintiff’s claim

Question 4

2. SPEACIAL PLEA:

Answer 4

is essentially a legal objection to some aspects of the plaintiff’s claim.

Question 5

DIFFERENT KINDS OF PLEAS ON THE MERITS:

Answer 5

1. Plea of admission
2. Plea of denial
3. Plea of avoidance
4. Plea of confession

Question 6

1. ARBITRATION:

Answer 6

-taking steps to sue a contracting party without taking the matter for arbitration will allow the defendant to raise a special plea of arbitration

Question 7

2. SPECIAL PLEA OF LIS PENDENS:

Answer 7

may be raised to stay a particular action on grounds that another action is already pending between the parties, based on the same cause of action and in respect of the same subject matter.

Question 8

PREMATURE SUMMONS:

Answer 8

is when summons are issued before the cause of action is completed.

Question 9

SPECIAL PLEA OF MISJOINDER:

Answer 9

may be raised where a party who should not have been joined to an action is joined.

Question 10

SPECIAL PLEA OF NON-JOINDER:

Answer 10

may be raised where a party who should have been joined to an action is not joined to the action.

Question 11

SPECIAL PLEA OF JUDICATA

Answer 11

may be raised if the defendant is able to show that the point in dispute has already been adjudicated upon between the parties.