alternative pleading การใช้

• The same declarations are being used for both motions and the motion appears to be an alternative pleading to the previous motion.
• Alternative pleading is permitted, so a party may plead inconsistent facts as to different parties, and leave it to the jury to determine which proposed set of facts were the true facts of the case, so long as all causes of action arise from the same transaction or occurrence.
• The reliance by the court on " Wilkens NO v Voges ", which deals with tacit terms and the near similarity in the meaning of the words " implied " and " tacit, " had the result that Malan J failed to deal with the alternative pleading regarding the residual term, which the law adds in the absence of agreement by the parties.