One example is submitting an injury complaint alleging that the harm to the plaintiff caused by the defendant was so outrageous that it must have either been intended as a malicious attack or, if not, must have been due to gross negligence.
At a late 1970s American Bar Association seminar in New York,[3] Richard "Racehorse" Haynes gave this example: "Say you sue me because you say my dog bit you.
Normally such arguments would seem to cancel each other on their face; however, legally "even if" and "anyway" clauses need not be argued; mutually exclusive defenses can be advanced without excuses for their relationship to each other.
[7] In the courts of England and Wales, under the Civil Procedure Rules (CPR), a party is required to sign a statement of truth to verify facts in the case.
However, the Court of Appeal of England and Wales disagreed and found that the purpose of Part 22 of the CPR is not to "exclude the possibility of pleading inconsistent factual alternatives".